Grantham v. Gibson

Citations

• 41 Wash. 125
• 83 P. 14
• 1905 Wash. LEXIS 1077

Syllabus

<p>Nuisance — Abatement — Injunction — Pleading—Allegation of Damages. A complaint for the abatement of a nuisance by the maintenance of a shooting gallery and. musical instruments sufficiently alleges substantial damages without stating any amount, where it appears that patrons of the plaintiffs rooming house have been driven away by the nuisance which, if not abated, will destroy the plaintiffs business.</p> <p>Same — Injury to Business — Action by Tenant. An action to abate a nuisance can be maintained by the owner of a leasehold interest, where the injury done does not affect the freehold but works an injury to the business of the lessee, and where the complaint shows that the plaintiff has no adequate remedy at law.</p> <p>Appeal — Review—Objections Not Ubged Below. Upon appeal from a temporary injunction restraining the operation of a shooting gallery and certain musical instruments, it cannot be claimed that the injunction unnecessarily restrains the operation at all times of the day, where no request was made below to limit the injunction to certain parts of the day.</p> <p>Nuisance — Abatement—'Tempoeaky Injunction — Sufficiency of Showing. The evidence sufficiently shows that the operation of a shooting gallery and musical instruments in the lower story of a building was specially injurious to the plaintiff, a tenant who used the upper stories as a hotel and rooming house, and amounted to a nuisance warranting a temporary injunction, where it appears that the operation of the defendants’ business drove away the patrons of the plaintiff and kept him from obtaining others.</p>