Middleton v. Franklin

Citations

• 3 Cal. 238

Syllabus

<p>To entitle a party to an injunction in a case of nuisance, the injury to be restrained must be such as cannot be adequately compensated by damages ; or it must be irremediable or lead to irremediable mischief.</p> <p>The erection of a steam engine and machinery, and a grist-mill, in the cellar under an auction store, held not to be such an injury as to require the restraining power of the court; at least,'not until the question of nuisance or not, should be determined by a jury.</p> <p>Even then the remedy at common law is ample.</p>