Gilly v. Hirsh

Citations

• 122 La. 966
• 48 So. 422
• 1909 La. LEXIS 627

Syllabus

<p>1. Nuisakcb (§ 5*) — Offenses and Quasi Offenses — What Constitute — Interference with Business — Damnum Absque Injuria.</p> <p>The auction business is not a nuisance. per se, but it may be so conducted as to become-a nuisance; and, where an auctioneer, engaged in selling goods similar to those dealt in by a merchant next door, keeps a number of employes standing about, who molest and interfere with customers, whether actual or prospective, who are looking into his neighbor’s show window, and otherwise interferes with his neighbor’s business, an injunction will issue to restrain him. If, however, the neighbor be damaged because the auctioneer undersells or oversells him, or sells inferior goods, it is damnum absque in-juria. And when the complaint is that the auctioneer deals unfairly with his own customers, it is a matter between him and them, or between him and the state.</p> <p>[Ed. Note. — Por other cases, see Nuisance, Dec. Dig. § 5;* Torts, Dec. Dig. § 10.*]</p> <p>2. AUCTIONS AND AUCTIONEERS (§ 4*) — INJUNCTION (§ 99*) — Forfeiture of License— Grounds — Protection of Business.</p> <p>The license of an auctioneer may be forfeited, in a criminal prosecution, for certain unfair dealings in the conduct of his business, but no such penalty can be imposed in a civil suit, brought by a neighboring merchant, nor can the latter be permitted to put the auctioneer out of business by signs or publications reflecting upon the character of his'business.</p> <p>[Ed. Note. — For other cases, see Auctions and Auctioneers, Dec. Dig. § 4;* Injunction, Dec. Dig. § 99.*]</p> <p>3. Costs (§ 62*) — Persons Liable.</p> <p>When plaintiff obtains judgment on his demand, and defendant obtains judgment on his demand in reconvention, each of the parties should pay the' costs incurred in obtaining the judgment against him.</p> <p>[Ed. Note. — For other cases, see Costs, Cent. Dig. §§ 273, 274; Dec. Dig. § 62.*]</p> <p>(Syllabus by the Court.)</p>