36 La. Ann. 772 | La. | 1884
On Motion to Dismiss.
The opinion of the Court was delivered by
The motion is based on tbe allegation that the order appealed from is interlocutory and cannot work irreparable injury.
The suit is an injunction of erecting a telegraph pole in front of the plaintiff’s property because it will interfere with access to it, and will obstruct Ms lights and view, and will become a permanent nuisance. On application of the defendant the injunction was dissolved on a bond of $2,500, under art. 307 Code Prac. The appeal is from this order for dissolution.
It does not appear from any of the allegations of the plaintiff that the injury apprehended is of such nature that it cannot be compensated by money, e. g. the injury to the balcony of his building in weakening its support may be repaired by the sum required to strengthen it as before — the diminution of rents, by the sum lost during the pendency of the suit, etc.
The appeal is dismissed.