Thomas v. Calhoun

Citations

• 58 Miss. 80

Syllabus

<p>1. Nttisanoe. Damage to land by mill-dam. Sights of parties. Jurisdiction.</p> <p>® Equity will not enjoin tbe continuance of a mill-dam as a private nuisance, in damaging by flowage the land of the party complaining, where it appears that the injury is not irreparable, nor incapable of being removed by the building of levees to confine the water, but is trifling, and can be fully compensated by an action at law, and that the business for which the dam was erected is lawful, and carried on wholly on the land of the party complained of.</p> <p>2. Same. Injury to health by mill-dam. When equity will or will not interfere.</p> <p>When a complainant in equity seeks to enjoin the continuance of a mill-dam on the ground that his dwelling-house has been rendered unhealthy thereby, the evidence must clearly establish the injury complained of, in order that the court may justly interfere to restrain the defendant from the lawful use of his property in carrying on a legitimate business. The court in such case should be prompt to interfere where it is plainly shown that the injury is real, and not purely imaginary; but where the evidence leaves the matter doubtful, the court should decline to interpose.</p>