66 N.E.2d 391 | Ill. | 1946
This cause is here on leave to appeal granted to review the judgment of the Appellate Court, Second District, reversing in part and affirming in part the decree of the circuit court of Du Page county perpetually enjoining appellant from permitting the escape of gases and other substances from its chemical plant in West Chicago. The decree perpetually enjoined the appellant from continuing to so operate its business and manufacturing plant that certain gases and fumes therein named are emitted or issued from the building and premises, and enjoining it from continuing to operate its business in such a manner as to interfere with the reasonable comfort and enjoyment by the plaintiffs of their respective homes.
Appellant owns and operates a plant in which it manufactures or produces a variety of rare earth chemicals extracted *369 by the use of large quantities of sulphuric acid applied to monazite sand.
In 1942 appellees and thirty-one other separate owners of residences in the neighborhood of appellant's plant filed a composite suit against it for damages to their property, suffered in consequence of appellant's operations for a period of five years next preceding the date of the suit. There were filed thirty-three counts, each representing the claim of the owner or owners of particular premises described in the complaint. Each count alleged that there was emitted from appellant's plant divers noisome, unwholesome, offensive, unhealthy and destructive smokes, smells, stenches and vapors, rendering unwholesome and unhealthy the air of the neighborhood, and that their homes were greatly damaged.
Answer was filed and trial was had before a jury. During the trial, six of the thirty-three counts and the claims represented by six plaintiffs were voluntarily dismissed. The remaining twenty-seven counts, including those of appellees, were submitted to a jury. Twenty-seven separate verdicts were returned, in seven of which appellant was found not guilty. The remaining twenty verdicts found appellant guilty and assessed the respective plaintiffs' damages at one dollar for the five-year period.
Thereafter this proceeding in equity before us was filed. The complaint has been drawn on the theory that the verdict and judgment in the civil suit establishes a fact conclusive as to appellant, that by the operation of its plant appellant is guilty of maintaining a common nuisance which will be abated by injunction in a court of equity as a matter of course. On hearing before the chancellor, appellees introduced in evidence the verdict of the jury and the testimony of witnesses as to conditions complained of and that they had existed for more than five years prior to the filing of the chancery proceeding. The decree hereinabove referred to was entered. *370
In the Appellate Court, appellees' sole contention was that, by established rules of equity, the verdict having awarded damages for the maintenance of the nuisance for five years, the fact of the existence of such nuisance as a continuing one was established, and such nuisance is one which equity will abate as a matter of course. This view was adopted by the Appellate Court and became the basis of its opinion. That court held that the plaintiffs having established their right in a court of law, by establishing that the defendant was maintaining a nuisance, thus established a case for the intervention of a court of equity, and that the equitable doctrine of laches relied upon by defendant should not bar the action. Thus there was applied a statement made in the opinion in the case of City of Pana v. Central WashedCoal Co.
It will appear, upon reading the opinion in the Pana case, that this statement was not necessary to the decision of the court, the injunction in that case having been denied, and there is in this case, by reason of the emphasis placed upon this dictum in the Pana opinion, and directly raised for the first time, so far as we are advised, the question as to the accuracy and correctness of the statements ascribed to the text writers by the opinion in the Pana case. That any injunction should be entered as a matter of course, runs counter to the fundamental principles of equity, since it is the first duty of all courts of equity to consider the equities of any case before it. See Harrisonville v.Dickey Clay Co.
The first question, therefore, requiring answer here, is whether the proposition that when the existence of a nuisance *371
has been established at law, a court of equity will grant an injunction as a matter of course, is a correct proposition of law in this State. If such a doctrine is to be taken literally, it would mean that in any case where a plaintiff has recovered a judgment in a prior law action for an alleged nuisance, a court of equity must, in a subsequent action, issue an injunction regardless of whether such relief would be equitable or inequitable under the circumstances. In City of Kankakee v. NewYork Central Railroad Co.
Investigation discloses that of the text writers who appear as authority for the dictum in the Pana case, the third edition of High on Injunctions, vol. 1, sec. 741, states that where the plaintiff has obtained a judgment at law against defendants for a nuisance affecting his real property, "and substantial damages have been awarded him, it is almost a matter of course for equity to enjoin the continuance of the nuisance." Both text writers Beach and Joyce cite, in support of their statement of this proposition, the case of Paddock v. Somes,
It is apparent from reading the Wood case that the text writer misconceived the law as laid down by it and other English decisions. This is further evidenced by the statement of the Supreme Court of the United States in Parker v. WinnipiseogeeLake Cotton and Woolen Co.
In Dunn v. Youmans,
It seems clear, therefore, that the dictum referred to in thePana case is not based on sound principles of equity and should not be adhered to. It is equally clear that the rule in this State and generally, is, and should be, that even though a right has been established in law, a court of equity will not, as a matter of course, interpose by injunction but will consider all the circumstances, the consequences of such action and the real equity of the case.
We turn, then, to a consideration of this record and the question arises whether the verdicts procured by the plaintiffs establish as a matter of law that the defendant's plant, as operated at the time of the hearing of this case, was a nuisance. The Appellate Court and the chancellor in the trial court considered these verdicts as so establishing. The record shows that the law cases of appellees, together with twenty-five other plaintiffs, were tried before one jury. As to seven of the premises and owners the jury found the defendant not guilty. The record shows that the homes of three of those seven plaintiffs were nearer to defendant's plant than the home of either of the appellees here. The verdicts contain no special findings of fact while the pleadings *374
raised numerous factual issues. It can scarcely be said, therefore, that these verdicts amount to an estoppel by verdict. Under the rule as to estoppel by verdict, if there be any uncertainty as to whether an issue relied upon was necessary to be determined by the court in entering judgment in cases where more than one issue of fact is presented, estoppel will not be applied for the reason the court may have decided upon one of the other issues of fact. People ex rel. Winkler v. Chicago andEastern Illinois Railway Co.
In this case the sum of but one dollar was given for an alleged injury covering a period of five years. Such amounts to but a nominal damage and represents an inconsequential injury. Had the Appellate Court not felt itself bound by the dictum in the Panacase, it must have been apparent that instead of supporting the injunction entered, the verdicts recovered by the plaintiffs in reality indicated strong reason for denial of the injunction, for it clearly indicates that the jury was of the opinion that damages sustained by the plaintiffs during the period of five years were but trivial and inconsequential.
It is true, as has sometimes been said, that in cases of this kind it is extremely difficult to measure the damages, but we know of no case similar to this one, and none has been cited to us, in which it has been held that a verdict for damages of one dollar indicates other than that the damage itself was trivial and inconsequential. There is much in the record of this case to so indicate. The evidence offered in both the law case and in the proceeding before us indicates that the damage to the premises consisted largely of a film on the windows, which plaintiffs have characterized as "etching," but which appellant's testimony shows can be cleaned off. There is no evidence of injury to health. *375
To entitle one to injunctive relief he must establish, as against the defendant, an actual and substantial injury and not merely a technical inconsequential wrong entitling him to nominal damages, only. To warrant the allowance of the writ of injunction it must clearly appear that some act has been done or is threatened against the plaintiff which will produce an irreparable injury to him. (Cleveland v. Martin,
It is apparent from this record that appellant was not only engaged in a lawful business but was, at the time of this hearing, engaged in essential war work which would have been seriously impaired had it been required by injunction to cease operations. Such may be considered in determining whether the operation of its plant is unreasonable. Heppenstall Co. v.Berkshire Chemical Co.
For the reasons indicated, we are of the opinion it was error to enter the decree enjoining the operation of appellant and the judgment of the Appellate Court and the decree of the circuit court are reversed and the cause remanded to the circuit court with directions to dismiss the complaint.
Reversed and remanded, with directions. *376