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Milan Steam Mills v. Hickey
59 N.H. 241
N.H.
1879
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If the plaintiffs lost their logs through the wrongful acts of the defendant, they are entitled to an adequate remedy. The defendant being insolvent, a suit at law would not afford relief, but would leave them to suffer irreparable injury, and the threatening purpose of the defendant would expose them to a constant recurrence of the mischief. To prevent irreparable injury, and give the plaintiffs an adequate remedy, equity will afford relief by enjoining the wrongful acts — Winnipiseogee Lake Co. v. Worster, 29 N.H. 443, 449, and cases cited; Webber v. Gage, 39 N.H. 182 — and, as incident to the relief by injunction, will consider and adjust the question of damages. Bassett v. Salisbury Manf. Co., 43 N.H. 249.

Demurrer overruled.

DOE, C. J., did not sit: the others concurred.

Case Details

Case Name: Milan Steam Mills v. Hickey
Court Name: Supreme Court of New Hampshire
Date Published: Jun 5, 1879
Citation: 59 N.H. 241
Court Abbreviation: N.H.
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