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Digest of Decisions.
of the defendants in error. All the evidence is the terms of the Constitution." See also Pierce embodied in the bill of exceptions and is brought on Railroads, (1881) p. 241. before us for review. The result of our examin- The doctrine laid down in Street Railway o. ation is that we see no reason to warrant us in Cumminsville was subsequently adopted by the disturbing the findings of the court upon the is- General Assembly in the act of May 27, 1866, to sues of fact.
amend the Act of April 10, 1861, providing for 2. It is also claimed that as the fee to the street railroad companies. S. & S. 137, 2 Sayler street is vested in the city, the abutting lot 958. And there is no reason why abutting lot owners are not entitled to an injunction, what- owners should not have the same rights against ever damage or injury may result to their lots; the construction of steam railroads as they have that their only remedy is by ciyil action against against street railroads. the company to recover for such injury.
Judgment affirmed. The statute under which the fee of streets, [This case will appear in 37 O. S.] is vested in the city provides as follows: "That all proprietors of lots or ground in any city or town corporate in this State, who have subdivided or laid out, or who shall hereafter subdivide or lay out the same in lots for sale, shall cause accurate and true maps or plats thereof to be recorded in the office of the recorder of the
WISCONSIN. county in which such town or city may be situated; which maps or plats so to be recorded,
(Supreme Court.) shall set forth and describe, with certainty, all grounds laid out or granted for streets, alleys, HOWLAND V. MILWAUKEE, LAKE SHORE & WESTERN RY. ways, commons or other public uses ;
* * * Co. February 7, 1882. and such map or plat so recorded, shall be deem- Railroad-Accident to Einploye.-Plaintiff, while going
as a shoveler of snow for the defendant company upon : ed a sufficient conveyance to vest the fee of the
train engaged in the business of removing snow from the parcel or parcels of land therein set forth and de- track, was injured by the overturning of the car in which scribed, or intended to be for streets, alleys, ways,
be rode, by reason of an unsuccessful attempt of the con: commons or other public uses, in such city or
ductor to remove a snow bank from the track by means
of the snow-plow alone, aided by the momentun of the town corporate, to be held in the corporate name train. Held, upon all the facts set out in the complaint, thereof, in trust to and for the uses and purposes so
that a recovery by the plaiutitt is precluded by the facts. set forth and expressed or intended.” S. & C.
that such overturning of his car was one of the perils of
the business, which he assumrd, and that the conductor 1843; Chase 1846.
and others, whose negligence is alleged, were fellow-serIt seems to us it can make no material differ- vants in the same employmeut. ence where the fee is vested, so long as it is held to the same defined uses. The established doctrine in this State is that
TETZ v, BUTTERFIELD. February 7, 1882. the abutting lot owners" have a peculiar inter- 1. Buililing Contract.-A contract for the erection of a est in the street, which neither the local nor the
dwelling by T. for B. provides that T. shall complete it in
all its parts “in a good, substàntial, and workmanlike general public can pretend to claim, a pri
to the acceptance of W. D. architect;" that if s vate right of the nature of an incorporeal here- dispute shall arise respecting the true construition of the ditaments, legally attached to their contiguous
drawings or specifications the same shall be finally de
cided by the architect, but if any dispute shall arise regrounds, and the erections thereon; an inciden- speriting the true value of any extra work or of work tal title to certain facilities and franchises, as- oiniited, “the same shall be valued" by arbitrators sured to them by contracts and by law, and with
whose appointment is provided for; and that the work is
to be executed " so as to fully carry out the design of said out which their property would be of little value.
building as set fort in the specitications or shown in tbe This easement, appendant to the lots, unlike plans and according the true spirit, ineaning, and intent any right of one lot owner in the lot of another,
ihereof, and to the full satisfaction of W. 1)., aarbitect,
*' and to the satisfaction of the owner.” Held, that is as much property as the lot itself."
the last paragraph has no reference to the quality of the In speaking of the rights of the public in the workinanship or materials, aud as to these, in the absence street, in the case alreally referred to, the court
of proof of fruud, mistake, or unfair dealing on the part
of ihe architect, his acceptance of the work as satisfactory (on p. 549), say: "It" (the public)" may reg. binds the owner. ulate and modify the manner of using the street 2. In an action by the builder upon the contract the by the public at large, and may, undoubtedly,
answer alleges that improper and inferior material was devote its own interest to the maintenance of
used by the plaintits, and ihat if the architect “has ex.
pressed satisfaction with said work he has failed to disnew structures placed in the hands of other discharge bis duty as an architect, and has done so in agencies, and calculated to enlarge the general
fraud of the rights of defendant, and through some collopurposes for which the highway was originally
sive management, as defendant is informed and believes,
between himself and the plaintiff.” On the trial defendconstructed. But where these new structures, ant offered evidence to show that one of the tivors was and new modes of travel, devolve additional
made of rotten flooring, and that inuch of the material burdens upon the land, and materially impair
used was rotten, etc., and that before plaintiff quit work
defendunt notitied liin and the architect that he (defendthe incidental rights of the owner in the high- ant) was not satisfied with the work and material. Held way, they require more than the public has, or that it was error to reject this evidence, as it tended to can grant, and the deficiency can only be sup
show bad fuith on the part of the architect in accepting
the building; and such proof was admissible under the plied by appropriating the private right upon contract and auswer.
LXVTH GENERAL ASSEMBLY OF OHIO.
SYNOPSIS OF LAWS: PASSED THIS SESSION,
MARCH 16, 1882. S. B. 30. To authorize the Trustees of any township in Harrison county, to construct free turnpikes.
House Joint resolution No. 32. Requesting the President of the United States to pardon Sérjeant Mason.
Senate Bill 116. To authorize the issue of bonds by cities having a population of not more than 12,258, and not less than 12,000, for market house and city hall purposes.
MARCH 24, 1882. House Bill 186. Amending sections 952 and 953 of the Revised Statutes prescribing rules for the governance of the board of Iufirmary Directors of Hamilton County.
H. B. 57. Amending section 2873 of the Revised Statutes, for a more perfect description of town lots.
H. B. 434. To amend sections 1462 and 1463 of the Revised Statutes, empowering the trustees of townships to investigate and take action relating to the prevalence of small-pox or other infectious or loathsome disease.
H, B. 258. To authorize the Commissioners of Athens County, Ohio, to levy an additional tax.
. B. 202. To authorize certain township trustees to dispose of burying ground and purchase other ground.
H. B. 201. To authorize the village of East Liverpool to issue bonds for the defraying of expenses incurred by reason of the recent prevalence of small-pox..
H. B. 203. To authorize the village of East Liverpool, Columbiana County, to issue bonds for the purchasing and improving of grounds for a cenietery.
H. B. 309. To authorize the city council of the city of Galion, and the incorporated village of Kent, to borrow money, and to issue bonds therefor, for the purpose of providing water works.
H. B. 8. To authorize the Trustees of Silver Creek township, Green County, to transfer certain funds.
Senate Bill, 70. To authorize the township trustees of Kelly's Island township, Erie County, to assess a tax for sidewalk purposes.
S. B. To authorize the Commissioners of Monroe County, to settle certain claims, therein vamed.
8. B. 69. To divide Twin township, in Darke County, into two election precincts.
S. B. 88. An act to create two election precincts in Meigs township, Adams County.
H. B. 236. Authorizing the city of Galion to borrow money, and issue bonds therefor, to purchase grounds for a cemetery.
H. B. 296. To divide York township, Athens County, into election precincts.
MARCH 27, 1882. H. B. 435. To change the time for holding the second term of the Court of Common Pleas in the County of Coshocton, to april 25th, 1882, instead of April 4th, 1882, as fixed by the Judges.
H. B. 59. To amend an act, entitled an act to authorize the payment and transfer of bounty funds to aid in the erection of Soldier's Monuments etc. (77 0. L. page 127).
H, B. 94. To amend section 7082 of the Revised Statutes to read as follows:
Section 7082. Whoever adulterates, for the purpose of sale, any spirituous, alcoholic or malt liquors, used or intended for drink, or medical or mechanical purposes, with cocculus-indicus, vitrol, grains of paradise, opium, alum, capsicum, copperas, laurel-water, logwood, brazilwood, cochineai, sugar of lead, aloes, glucose, tannic acid, or any other substance wbich is poisonous or injurious to health, or with any substance not a necessary ingredient in the manufacture thereof; and whoever sells or offers for sale or keeps for sale, any such liquors 80 adulterated, shall be fined in any sum not less than twenty ncr more than one hundred dollars, or be imprisoned not less than twenty nor more than sixty days, or both, at the discretion of the court. And any person guilty of vlolating any of the provisions of this section, shall be adjudged to pay in addition to the popalties herein before provided for, all necessary costs and expenses
incurred in inspecting and analizing any such adulterated liquors, of which said party may have been guilty of adulterating, or selling or keeping for sale, or otfering for sale.
H. B. 284. To amend section 2142 of the Revised Statutes to read as follows:
Section 2142. Any city or village having a board of health, or “the standing committee on health of any city or village council, who may do and perform all the duties of a board of health, as prescribed in this chapter," or a health officer, may establish a quarantine ground, or grounds, within or without its own limits, but if such place be without its limits, and within the limits of any other muni«ipal corporation, the consent of the corporation, within the liniits of which it is proposed to establish such quarantine sball be first obtaiued.
H. B. 254. To authorize the city council of the city of Lima to issue bonds to provide said city with water works.
MARCH 29, 1882. H. B. 352. Amending an act enabling the commissioners' of Montgomery. and Warren counties to purchase toll.roads and convert the same into free roads.
H. B. 374. To authorize the village council of the in: corporated village of gledina, to issue bonds to build Waier works.
House Joint Resolution, 12. Relative to obtaining froni the Federal Government, a training ship for Reform School boys.
H. B. 219. Making appropriations for defraying the expenses of the Ohio National Guard, while attending the obsequies of the late President Garfield, etc.
Senate Bill, 135. To authorize the trustees of Vienna township, Seneca County, to macadamize a certain road.
S. B. 107. To authorize the council of the incorporated village of Detiance, to transfer certain funds.
8. B. 76. To amend sections 934, 944 and.946 of the Revisud Statutes, relating to Childrens' Hoines.
8. B, 59. To amend Section 4903 of the Revised Statutes to read as follows:
Section 3903. The board of education, except in cities of the first class, second grade, shall hold regular meet. ings once every two weeks. In cities of the first class, second grade, said board shall hold its meetings on the first and third Mondays of each month following the third Monday of April, and in all city districts of the first class, said board may bold such special meetings as it may deem necessary; it inay fill all vacancies that occur in the board until the next annual election, and may make such rules and regulations, for its own government, as it may deem necessary, but such rules and regulations must be consistent with the Constitution and laws of the State.
H. B. 355. Authorizing the city of Dayton to issue Water Works and Fire Department bonds.
H. B. 343. Enacting section 1692 b, of the Revised Statutes as follows:
Section 1692 6. That all incorporated villages within this State, having within their limite a college or university, shall have the power to provide by ordinance against the evils resulting from the sale of intoxicating liquors within the limits of the corporation.
H. B. 316. Authorizing the Commissioners of Paulding County to improve certain streams.
H. B. 154. To authorize the Commissioners of Cler mont County to construct certain free turnpiko roads.
S. B. 122. Amending section one of an act passed April 18, 1881, authorizing, the Commissioners of Erie County to issue bonds to build a jail.
H. B. 301. Making appropriations for the benevolent, penal and correctory institutions of the State.
APRIL 5, 1882. H. B. 148. To authorize the commissiouers of Adams county to construct certain turnpike roads.
8. B. 78. Supplemental to an act passed February 17th, 1882, which authorized the commissioners of Piko county to pay certain bonds and coupons issued by said county.
SUPREME COURT OF OHIO.
JANUARY TERM, 1882.
Hon. John W. OKEY, Chief Justice; Hon. WILLIAM WHITE, Hon. W. W. JOHNSON, Hon. Geo. W. McILVAINE, Hon. Nicholas LONGWORTH, Judges.
1093. Charlotte F. Miller, Exr'x &c. v. J. T. Sullivan & Co. Error to the District Court of Hamilton County. Hagans & Bradwell for plaintiff; H. C. Whitman for de fondants.
1094. William A. Lowe v Union Central Life Insurance Co, Error to the District Court of Hamilton County. D. Thew Wriglt for plaintiff; Ramsey, Matthews & Matthews for defendant.
1095. Isaac N. Topliff v. George H. Ely et al. ErrorReserved in the District Court of Lorain County. S. Burke and W. W. Boynton for plaintiff; E. G. Johnson for defendants.
1096. George H. Ely et al. v. Isaac N. Topliff. ErrorReserved in the District Court of Lorain County. E. G. Johnson for plaintiffs ; S. Burke and W. W. Boynton for defendant.
Tuesday, April 11, 1882.
1097. John A. Topliff et al. v. Isaac N. Topliff. Error -- Reserved in the District Court of Lorain County. E.G. Johnson for plaintiffs ; S. Burke and W. W. Boynton for defeudaut.
1098. Rebecca Bantz v. Oliver C. Gates, Ex'r &c. Er. ror to the District (ourt of Preblo County. J. E. Freeman and Thomas Millikin for plaintiff; Foos & Fisher for defendant.
1099. Evaline C. Downing v. The Farmer's Insurance Co. Error to the District Court of Belinont County. D. D, T. Cowan and N. K. Kennon for plaintiff ; Critchfield & Graham for defendant.
1100. Isaac Smith v. George W. Manahan. Error to the District Court of Huron County. F. P. Finefrock and Frank Sawyer for plaintiff; G. T. Stewart for defendant.
1101. Abraham Zimmerman v. David Zimmerman. Error to the District Court of Mahoning (ounty. Van Hyning, Johnson & Wolf for plaintiff; Jones & Murray for defendant.
1102. Lydia Loudon, Admr'x &c. v. James Patterson, Admi'r &c. Error to the District Court of Columbiana County. Clarke & McVicker for plaintiff; Wallace & Billingsley for defendant.
1103. Mary L. Ryan et al. v. James W. O'Conner. Error to the District Court of Hamilton County. Stallo, Kittridge & Shoemaker for plaintiff; Taft & Lloyd and O'Connor & Glidden for deiendant.
1104. Thomas Stayner v. David Bower et al. Error to the District Court of Wyandot County. C. R. Mott for plaintiff.
1105. Sarah C. Mortan v. George Newhouse et al. Er. ror to the District Court of Colunibiana County. J. W. & H. Morrison and J. T. Spence for plaintiff; 0. Hume for defendants.
1106. Martha E. Burket v. Callius A. Weage. Error to the District Court of Hamilton County. S. T. Craw. ford for plaintiff.
1107. Julius H. Neil v. W. E. Guerin. Error to the District Court of Franklin County, S. A. Nash for plaintiff.
1108. Jacob Albright v. Wm. Ford et al. Error to the District Court of Sandusky County. Bartlett & Finefrock for plaintiff; Lemmon, Finch & Lemmon for defendants.
1109. Lemuel McManness, Adm'r &c. v. Edwin Bontwell. Error to the District Court of Hancock County. Henry Brown for plaintift; A. Blackford for defendant.
1110. Dennis McClurg, Adm'r &c. v. John Cole, Ex's &c. Error to the District Court of Trumbull County. C. A. Harrington for plaintiff.
1111. Henry Ruffner v. Co-operative Land and Building Association No. 1. Error to the District Court of Hamilton County. Stimmel & Davis for plaintiff; Paxton & Waariugton for defendant.
GENERAL DOCKET. No. 69. Fayette Building and Loan Association v. George Dahl. Error to the District Court of Fayette County. Dismissed for want of preparation.
70. George Greis v. Francis Wagner, Treasurer of Seneca County. Error to the District Court of Seneca County. Judgment atfirmed. There will be no further report.
157. Howes, Babcock & Co. v. Johnson & Beck. Error to the District Court of Washington County. Petition in error dismissed, cause being settled, as per agreement on file.
1076. Ohio ex rel., Attorney General v. Henry Heinmiller. Quo Warranto. Cause taken out of its order and set for oral argument April 19th, next.
MOTION DOCKET. No. 54. Charles Stoddard v. The State of Ohio. Motion for leave to file a petition in error to the Court of Comuion Pleas of Ashland County. Motion granted. 55. James Clark v. Margaret Brure. Motion to strike
. the printed record from the files on the ground that it is imperfect, material parts being omitted and statements of counsel substituted, also parts deemed by counsel material italicized throughout the record. Motion granted, and leave given to supply proper copies within sixty days.
56. Milton H, Miller v, J. T. Sullivan & Co. Motion for revivor in cause No. 1088, on the General Docket by plaintitf, and counter-motion by defendants to dismiss. Motion of plaintitf to revive overruled and countermotion of defendants sustained.
57. Margaret Nulter v. Elizabeth McKinney.. Motion to dispense with printing record in cause No. 362, on the General Docket. Motion granted.
58. Henry P. Sabbert v. Antonius Zeivernik. Motion to dismiss cause No. 762, on the General Docket, for want of printed record. Motion granted.
59. Charlotte Miller, executrix &c. v. J. T. Sullivan & Co. Motion of plaintiff in error to take out of its order cause No. 1093, on the General Docket, and counter-motion of defendants in error to dismiss. Motion of plaintiff in error sustained, and counter-motion of defendants in error overruled.
60. Jacob Ridenour v. The State of Ohio. Motion for leave to file a petition in error to the Court of Common Pleas of Butler County. Motion granted.
SUPREME COURT RECORD.
[New cases filed since last report; up to April 11, 1882.] ·
No. 1092. S. Kuhn & Song v. Oscar I. Frank. Error to the District Court of Hamilton County. Jordan, Jordan & Williams and Follett, Hyman & Dawson for plaintiffs ; Hoadley, Johnson & Çolston for defendant.
Ohio Law Journal.
on his refusal to pay them in full, the company threatened to remove the meter. Judge Law
rence holds that the law of 1859, allowing gas COLUMBUS, OHIO,
companies to stop the supply of gas in case of : APRIL 20, 1882.
non-payment of bills, has not made the gas com
pany the sole judge of the question whether The Supreme Court has in its hands for con- any, and if so, what amount of remuneration is due sideration, cases up to and including number
to it, or of the right of resort to the courts to
ascertain the facts. He says: 83, in regular order on the General Docket.
“ The bills rendered before the plaintiff's This of course does not include numerous cases departure on January 28, 1881, show that at taken out of their regular order for hearing. times he consumed between 116 and 135 cubic
feet of gas per night, while the bill rendered on The signs of the times indicate a nearer ap
the 18th of February, covering a period of eleven proach of the millenium than is generally days, shows a consumption of nearly 200 feet per
night. I think that the inference strongly hoped for.
arises that the meter did not register correctly, A Judge has been found in Washington, D. C., and that the plaintiff, before submitting to the who possessed the courage to pronounce the in- annoyance and vexation of having his gas cut dictments against the Star Route thieves good, off, is entitled to have the question tested as to
the correctness of the bills presented to him. It notwithstanding a few questions were raised
is proper to state that everything appears and a few doubts existed which would have
have been done which could have been done by given a weak-kneed judge abundant room to the company to secure accuracy in the meter, dodge. Ingersoll, the thieves' counsel, has
but the fact remains that other parties occupytherefore, warned his clients to look to their ing rooms in the same house received bills for
gas indicated by other meters as having been insurance and fire proof appliances, as there
consumed by those parties when they are conmay be a hell after all.
fessedly absent from the city and the gas had Another Judge has been found-in the been shut off. This evinence tends strongly to Maryland Court of Appeals-who has exhibited show that gas meters are not infallible. I am of an unusual degree of courage by granting an
opinion that when a disoute arises between the injunction to prevent the carrying on of the company and the consumer, the latter is entitled
to have his rights investigated by the courts. business of slaughtering, where it was a sore This seems to me to be a case in which, is the annoyance to honest and pure-air-living citizens. plaintiff is right, it cannot be justly claimed To be sure the authorities all justified the rul- that he can be fully compensated by an action ing, but judges don't always have the backbone
for damages. The use of gas in the cities has
become almost as great a necessity as the use of to take a decided stand in such matters. In this
water, and an illegal deprivation of one or the case (Woodyear v. Shaffer, 57 Md.), Judge other, particularly where such use is for ordinary Magruder declared-following precedent-that domestic and family purposes, would cause, I
I "slaughter houses are prima facie nuisances,
think, such damages as to call for the interposiand that “it is not necessary that a public nui
tion of a court of equity." sance is injurious to health; if there be smells,
All these things point to the near approach of offensive to the senses, that is enough, as the
the millenial period. neighborhood has a right.to fresh and pure air.”
SLAUGHTER-HOUSES AS NUISANCES. Numerous authorities are cited supporting this very common sense ruling. The case is of such MARYLAND COURT OF APPEALS. value that we publish it in full in this issue. Again, a New York paper has the following
WOODYEAR v. SCHAEFER. which is a decided innovation upon the belief
Defendant maintained a slaughter-house from wbich that gas consumers have rights which gas com- he let tlow blood and oftal into a stream, rendering the panies are bound to respect:
water impure and offensive. Others maintained slaugh
ter-houses, breweries, etc., from which offensive matter “Judge Lawrence has continued the tempo- was allowed to run into the same stream contributing rary injunction granted in the suit brought by
to its pollution. Plaintiff was the owner of a flour mill
on the same streain and the offensive matter ran into bis Gen. Daniel E. Sickles against th, Manhattan mill dam and mill race. Held, that plaintiff was entitlod Gaslight Company to restrain the defendants to an injunction restraining defendant from allowing from removing the meter or cutting off the sup
blood, etc., from his slaughter-house to run into the
stream and would be entitled to similar relief as to the ply of gas from Gen. Sickles' residence, at 14
others allowing offensive matters to run into the stream Fifth avenue. Gen. Sickles asserted that un- and that he might join all in one action. just and improper bills for gas, for a time while Held, also, that the acts mentioned constituted a puh.
lic nuisance for which there can be no prescription. he was abroad, were presented to him, and that
Slaughter-houses are prima facie nuisances
Bill to obtain injunction to restrain a nuisance. The answer does not deny the condition of the From a decree denying the prayer of the bill stream as charged, nor the effects produced complainant appealed. The opinion states the thereby, but denies that any offensive matter is facts.
thrown in the stream by the appellee, that the MAGRUDER, J.
only matter allowed to How into the stream from The bill was filed by the appellant to obtain his premises is beef's blood in quantities not exan injunction to restrain a nuisance.
ceeding fifteen buckets full upon an average per The appellant has been since 1853 the owner week, which blood cannot be seen or detected in and proprietor of a large flour mill in Baltimore the waters of said run over one hundred yards becity, on Gwynn's Falls, below its junction with low the slaughter-house, and cannot cause any ofa small stream called Gwynn's Run. Before the fensive deposit or otherwise create a nuisance or the purchase of the mill he had operated it from injure the appellant; that if any cause of comabout 1849, and a mill on that site had been op- plaint exists the appellant is himself responsible erated for over fifty years.
for it by daniming up the stream, which if alThe appellee (the defendant below) is a lowed to flow unobstructed would be free from butcher, having a slaughter-house on Gwyłn's cause of complaint; and by allowing vegetable Run in Baltimore County, about a mile abore matter to accumulate and decom pose in the dam the mill.
and race, and by not using proper appliances to The complaint is that the appellee for several keep out offensive matter; that on Gwynn's years past, and up to the time of filing the bill, Falls and the run there are a large number of has emptied, and still continues to empty or slaughter-houses and other establishments which allows to flow into the said run, the blood froni (some for over thirty years and nearly all for slaughtered animals, and also continuously dis- over twenty years) have used these streams as charges from his slaughter-house into the run, sewer-ways, and that the blood from all these the entrails and other offal from slaughtered an- slaughter-houses, and the refuse from breweries, imals, and that this blood and offal, naturally soap and other factories, have flowed into these and necessarily by the flow of the stream, makes streams for all this time without complaint; its way into the appellant's mill dam, and from and that there are cattle scales over and adjoining that into the mill race, whereby the water in the run in which are kept large numbers of swine the race and its banks are mixed with and cov- from which large quantities of filth and refuse ered by said animal matter, causing and creat- matter are washed and thrown into the run and ing a nuisance, the said matter decomposing and carried down with the current; and that the apcreating an offensive smell, at times unbearable; pellant's remedy is at law and not in equity; the atmosphere filled with the stench is not only and that to grant him the relief prayed would disagreeable and uncomfortable to health but it be ruinous to a vast amount of property owned causes and tends to create disease; that this an- by butchers and others and destructive to one of imal deposit becomes greater each year; that the the most important branches of trade in the run from the slaughter-house to the dam is little State, besides working a most grievous wrong better than a cess pool; that as the deposit in- to the appellee. creases the stench increases; that until within A vast mass of testimony was taken, which altwo years the appellant and his hands and ope- though somewhat conflicting as to the point ratives only suffered inconvenience and discom- whether any solid matter was thrown from the fort, but now especially in the hot days of sum- appellee's premises into the stream, yet estabmer the stench has made most of the operatives lishes the offensive condition of the water of the sick, even making the hands so sick as to be un- run, and in the mill dam and race, quite as fully able to retain their food, compelling them at as the bill charges, and shows the condition of the times to quit the premises, whereby the mill has to air at the mill to be at times so offensive as to be be stopped, and to obtain an atmosphere that can practicably unbearable, although at the same be even endured the flow of water to the mill has time showing other causes besides the slaughterto be stopped and the contents of the dam emp- house of the appellee for the existence of the nuitied into the falls; that the operatives complain sance, there being a large number of slaughterof the discomforts connected with their employ- houses on the falls and run besides breweries, ment, and that unless the nuisance shall be soap and other factories, and the cattle scales abated it is only a question of time when the op- with the occasional addition of dead animals and erations of the mill shall be compelled to cease;
offal and other offensive matter from various that the acts complained of are a nuisance, prej- other sources. So that throwing out of considerudice and lessen the value of the mill, and de- ation the fact of solid animal matter coming prive the owner of the comfortable and reasona- from the appellee's slaughter-house, which is sonable enjoyment of it, and that he is without shown to have been only an occasional occuradequate remedy at law and can only have full rence, if it existed at all, as it probably has in relief in equity, and an injunction is prayed re- a measure, judging from all the evidence, we are straining the appellee, hs agents and employees left to the blood which is proved to have fowed and servants from emptying, depositing, dis- regularly from the slaughter-house of the appelcharging or allowing to flow into Gwynn's Run lee, though in comparatively moderate quantifrom his premises any blood, entrails or offalties, as the principal contribution of the appelfrom slaughtered animals.
lee in common with a large number of others to