Liebig Manufacturing Co. v. Wales

Citations

• 8 Del. Ch. 26

Syllabus

<p>The summary adjudication of the Board of Health of the City of Wilmington, declaring that the works of a company, manufacturing fertilizers, alleged to emit vile or noxious odors and gases, detrimental to the public health, will not be enjoined, when it does not appear that such odors or gases were not or could not be a nuisance, whereby the health of the inhabitants of said city was or might be injured.</p> <p>The statute giving to the Board of Health of the City of Wilmington authority to abate nuisances does not involve an extension of the boundaries of the police power, or make new definitions of a public nuisance. It has simply delegated to that body a summary jurisdiction over that class of common-law nuisances which are or may be detrimental to the public health.</p> <p>The judgment of a municipal body, exercised in the abatement of an alleged nuisance, is not final, and in an action for damages they must justify their action, or, in an action for a penalty, or for expenses incurred, they must establish their jurisdiction and the fact of nuisance.</p> <p>An adjudication by the Board of Health of Wilmington that a business complained of is a nuisance is not'‘conclusive, and one affected by it may test the lawfulness of its action by action at law for damages.</p> <p>An injunction to restrain a Board of Health, or other municipal body, from the summary abatement of what it has adjudged to be a public nuisance detrimental to the public health, will not be granted unless it clearly appear that such body has acted wantonly are in bad faith, or has exceeded its jurisdiction.</p> <p>The Court, will not, upon such application, ignore the adjudication, and try the issues of fact, as upon an original application to enjoin an alleged public nuisance. To restrain a local board from acting in such case, whenever a doubt could be raised as to the correctness of its decisions upon matters of fact, leaving the alleged nuisance unabated until trial, would defeat the object