“ ‘If a nuisance is private and arises out of a particular manner of operating a legitimate business, the court will do no more than point to the nuisance and decree adoption of methods calculated to eliminate injurious features.’ ”
How later courts described this case
- “ ‘If a nuisance is private and arises out of a particular manner of operating a legitimate business, the court will do no more than point to the nuisance and decree adoption of methods calculated to eliminate injurious features.’ ”
- "Tf a nuisance is private and arises out of a particular manner of operating a legitimate business, the court will do no more than point to the nuisance and decree adoption of methods calculated to eliminate injurious features.’ ”
- interpreting similar language as “authorizing . . . pari- mutuel betting”
- a court of equity will abate nuisance " 'only in cases where an action at law would afford no adequate redress’ ”
Written by the judges who cited it.
The opinion
Bushnell, J.
(concurring).
I concur. However, I cannot approve the present method of conducting the pari-mutuel system.