Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1871-11-21

Cos, lG New York, o. vol English Railway
Cases: 42D and 26 Conn I2q. are all Of them |
actions Of trrspass and all OF them affirm the |
right OF the party injured to recover damages,
but throw 80 light upon the question now under
consideration. the jurisdiction Of Court Of
Equity to incrpasc by an injunction, and the
circumstances which Justify its exercise. In |
the u vol. Of Story Equity section 923. the
learned author. after discussing the subject |
says that the question OF nuisauc. or not must |
be tried by Il jury III cases ofdoabt, and the in
Junction will be granted or not, us that fact is |
decided" This section relates, it is true, 70 an
information in Equity to cnjnin 4 public NUS
ancc, but if the fact Uf nuisance Is in doubt |
am ut loss to perceive why Il Court Of Chan
Gerry is more competent to decide the fact where
special injury TO Il private person is averred
than where the injury is only to the community
ut large In section Ops Of the same work, it
is said THAT the interference Of Courts Of
Equity 10y way ri injunction Is undoubtedly
founded upon The ground OF restraining ire
parable mischief, and that it is not every case
which will furnish right Of action against L
party for nuisance which will justify the in
tcrposition of Courts Of Equity to redress the
injury Oh remove the annnvalc2. The saline
author says i: must b. such all injury. as from
It's nature i 80! :ltlb!c Of being adrquatc-
Is compensated By damage ii law, and not 4
mere ,Iirmnutiou Of the value Of property with
out irrcpalaJe mischief. To the same effect is
the text OF. and authorities cited in Water
man's Eden on Injunction.
A distinction is also taken between things
Vi "'7 ",l'',' "! ~ amo io ,,,'.nna,
'S> ''a.,' ivy. ,' - 10y 49,. MI
W. H.. :! Inni,i,,i tho E,nt ,hnnj 10 t,;nl
hv inry hrInre the restraining order il award
Ell The result Of the authorities seems to be
that tho nuisance must be- ,EeyyIv csfuJ}iSlicH
.I,a ,,,,, - T., ,,nr,J,,,Iaj o,,,.t H., I'M
'':u 'ne W" W. ~ y. "pt ~ .'u,; H. '
ini'enU "n' piou'"'Nc ~ I'LL III u'9 "l'''il e''
not be adequately compensated III damages. -
And HOW To apply these Drinri pies to the case
in hand: and here it must be borne in mind
tI,t tLo ,nn.ll,n is !, c,urt NOR tn nroront rho
,,r H., .m.,,";to '.rns;,1nrnj n,r,
oos't u''.on ~ tno '.i l 10y.
Is h2H"'4' 'ol III ''iII I'oill' VI We" III mas
DO greater lalercHt tilau any oticG CIV,
Zen in the community, lut to restrain the special
DAMAGE to himself This damage nav result in
two wuvs rs he claims: First. rs one Of the
cnn,i.mnr. I,nI owners cI,imno under those
" :, Ii,,ro ,vl<u lnun+o1 ~ ~, rnr-
I" "o!' u ".'o'i'" T'''' w. ~" i ,I,
pose OF turnpike ilie Ice III me SUI Vi I'll"
turnpike Is III HIM and rcvcrtS TO hiI! whenever
it shall cease to be used rs Il turnpike. and that
the building of railroad thereon is The impo-
sition Of 4 uew burden which entities him to
.jj;t;.,n.) .o,,,or.,tinu T., hnth IF those
'u"''' L; m :,; oan.,,,l,,, r,,.,n
49, lo,'t'o: pm.it I,,t
an! Dilhy *'fonS au'iiori'ieH ~ DC co''cci' 1ut
while the tee Is IN MN ana h4 !: cntitiCu 10
compensation for the additional burden Is L
trcS,uss urnn his rirht OF reyertcr such an injury
-. j. ;rrn,,,r, l}c and cannot he communicated in
~ ~ WIFI III ,Lnt H., ,,.,;,,,.. th,t ho :;
nI"'icS. Hl'f'I az ;'l'' Nv I'.''u,, ."'l. ,.I
the owner III Ice 81 inc SoH ,l!;'t Il NC" ouiuc"
Is tn he imposed Tor winch he should ~ conl'
pclisatc,i in damages. Cannot these damages
be ascnrlanel in an action Of uespass? II 1
railroad shnull he built. A. he AYERS is being
L,nn L.,m,nn. r,r RIA r.bulr t,.r sim,,l. whine Of
i; ;,t"m, ,.a';l,. Io ,,cc,,vrrnI in nnr ,c.
ms '' ~ c'" 'I>'a ~ l - "a" J
ton. lhErc Is another source from "hiEn l'ili-
aye would result: VIZ: The obstruction OF tic
apnrlIcc IN his ingresS to and cgre>S from his
l,nJ. Thar d,n,nn unulI rcsrlt RI him cnn,e-
mnnnio,lI,. il th;s manner snntc truc the aver
~; Lii ',n -, H., taIa,, -. ,,r,,,od 10
ilOh!s III HIS OH are 10 u; tahe" Il, ~
Getcrlnlnc whether Or nor II "'i'!a hG lr'elir'-
bic, let his own affidavit speak. IL appears
thnn hr nurcl9 sod this land very recently and