Wahle v. Reinbach

Citations

• 76 Ill. 322

Syllabus

<p>1. Chancery—abating nuisances. A court of equity will always act with reluctance in abating a nuisance, and seldom until it has been found to be such by a jury. But where the injury resulting from the nuisance is iu its nature irreparable, as, when loss of health, loss of trade, destruction of the means of subsistence, or permanent ruin to personal property will ensue, from the wrongful act or erection, courts of equity will interfere by injunction.</p> <p>2. Same—preventing the creation of nuisance. A court of equity will not, in general, interfere until an actual nuisance has been committed; but it may, by virtue of its jurisdiction to restrain acts which, when completed, will result in a ground of action, interfere before any actual nuisance has been committed, where it is satisfied that the act complained of will inevitably result in a nuisance.</p> <p>3. Same—irreparable injury defined. By irreparable injury is not meant such injury as is beyond the possibility of repair, or beyond possible compensation in damages, or necessarily great injury or great damage, but that species of injury, whether great or small, that ought not to be submitted to on the one hand or inflicted on the other; and because it is so large on the one hand or so small on the other, is of such constant and frequent recurrence that no fair or reasonable redress can be had therefor in a court of law.</p> <p>4. Nuisance—primes. Privies are regarded as prima facie nuisances, and, although necessary and indispensable in connection with the use of property for the ordinary purposes of habitation, yet, if they are built or allowed to remain in such á condition as to annoy others in the proper enjoyment of their property, by reason of either the noisome smells that arise therefrom or by the escape of filthy matter therefrom upon the premises of another, or so as to corrupt the water of a well or spring, they are nuisances in fact.</p> <p>5. Same—defined generally. Any business, however lawful, w