¶1It is agreed upon both hands, that the plaintiff has a suit at law against the defendant about this very matter; and I am very clearly of opinion, from every thing which I have seen, that these parties are before the proper tribunal: for although this Court might interfere, in the case of a nuisance where there is a flagrant violation of private right, attended with public injury, when the law would neither afford, an immediate nor an adequate remedy until irreparable injury might be done, yet this is not one of those cases. Forthis reason, the rule must be discharged»
4 Va. 474
Wingfield v. Crenshaw
Decided September 15, 1809
Virginia Chancery Court · decided 1809-09-15
THE defendant was the owner of a grist mill on South- ... , anna river in Hanover County, and the plaintiff applied to, the Court of that County in 1893, for leave to build a mill 011 the same river, above the defendant’s ; and the defendant applied for leave to raise his dam; and while their applications were depending, the defendant raised his dam two . . w feet, to the prejudice of the plaintiff, who filed this bill, in , ’ , 1 , , , 1 which he stated, that the water was…
Decided 1809-09-15