Amelia Milling Co. v. Tennessee Coal, Iron & R.

Citations

• 123 F. 811
• 1903 U.S. App. LEXIS 4944

Syllabus

<p>1. Jurisdiction or Federal Courts—Amount in Dispute.</p> <p>Tile amount involved, for jurisdictional purposes, in a suit to enjoin the maintenance of a nuisance, cannot be measured solely by the damage suffered by complainant, nor by the actual outlay of money which defendant would be required to make if the relief should be granted, but the value of the right of which he is sought to be deprived is to be taken into consideration.</p> <p>2. Preliminary Injunction—Grounds—Sufficiency or Showing.</p> <p>A preliminary injunction will not be granted against the use by defendant of ore washers and a pumping station, alleged to be nuisances, the effect of which would be to stop the operation of iron mines in which large sums of money have been invested, where the proofs leave the right of the matter uncertain, and the injury to defendant from the granting of the injunction would be far greater than the damages to plaintiff from a continuance of the work.</p>