Shivery v. Streeper

Citations

• 24 Fla. 103

Syllabus

<p>1. It is not enough to allege in a ease of nuisance that the injury will be irreparable to complainant, but facts must be shown to enable the court to judge whether the injury will be of the charac_ ter stated, and such as will clearly authorize injunction before he will be entitled to the interposition of the court.</p> <p>2. If the thing sought to be enjoined is in itself or prima fade a nuisance, and it so appears from the facts set forth in the hill, the court will give its aid to stay irreparable mischief; but where it is not unavoidably and in itself noxious, but only something that may, according to circumstances, prove so, the court will refuse to interfere until -a hearing on the proofs, or until the matter has been tried at law.</p> <p>3. Courts interfere with great reluctance with the free use and enjoyment of property by an owner, or occupant, and will only interfere where it is clearly made out that the use and enjoyment is injurious to the rights of others.</p> <p>4. If the injury complained of be doubtful, eventual or contingent,, equity will not enjoin; and mere diminution in the value of' property, without irreparable mischief, will not furnish foundation for equitable relief.</p> <p>5. A livery stable adjoining a hotel or dwelling house in a city is not; necessarily or prima facia a nuisance.</p>