Concept
Injunction Rule
Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / Property Rules and Liability Rules: Practice
"The cement-making operations had damaged the nearby properties of the plaintiffs, and the defendant was found to maintain a nuisance. The total damage to the plaintiffs’ properties was relatively small in comparison with the value of the defendant’s operation and with the consequences of the injunction sought. The denial of an injunction was based on the disparity in economic consequences between the nuisance and the injunction. That theory could not be sustained without overruling the consistently reaffirmed New York rule that where a nuisance has been found and substantial damage has been shown, an injunction will be granted. In Whalen v. Union Bag & Paper Co., this court reinstated an injunction even though the plaintiff’s economic loss was small compared with the defendant’s expense of abating the condition. The rule was that whenever damage resulting from a nuisance was not unsubstantial, an injunction would follow, even where there was a marked disparity in economic consequences. Injunctions had been denied where the damage was nonexistent or unsubstantial, or where the plaintiff could receive no benefit from the injunction."
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