Law School Case Brief
Edwards v. Allouez Mining Co. - 38 Mich. 46 (1878)
The purpose of an injunction is to prevent irreparable mischief; it stays an evil the consequences of which could not adequately be compensated if it were suffered to go on
The landowner, Thomas W. Edwards, purchased the property a year after the stamp mill was erected with the expectation of being able to force the mill owner, The Allouez Mining Company (Allouez) to buy it for a sum greatly in excess of the purchase price. When Allouez declined to purchase the property, Edwards filed a bill for an injunction to restrain the continued operation of the mill.
Did the trial court err in refusing to grant an injunction to prevent Allouez from depositing stamp sand on Edwards’ property and from polluting the waters of a stream?
The Supreme Court of Michigan affirmed the trial court's decree refusing to grant an injunction on the ground that the element of irreparable injury was entirely absent from the case. The court determined that it was proper to consider Edwards’ motive in purchasing the property, merely to compel Allouez to buy it, and that principles of nuisance did not apply where Edwards did not acquire the land for a homestead of business property. The court concluded that a legal award of damages for injury to the land was in furtherance of Edwards’ purpose of the purchase and was a suitable and just redress.
Access the full text case
Not a Lexis+ subscriber? Try it out for free.
Be Sure You're Prepared for Class