Equity : An Analysis And Discussion of Modern Equity Problems
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3. In Daniels v. Keokuk Water Works (1883) 61 Iowa 549, 16 N. W. 705, 1 Ames Eq. Cas.' 585, emphasis was laid upon the public inconvenience which would result from an injunction. For other cases denying an injunction because of the "balance of convenience" doctrine, see 14 Harv. Law Rev. 458, 623, 22 id. 596, 613, criticising Bliss V. AnJiconda Mining Co. (1908) 167 Fed. 342;. 22 Harv. Law- Rev. 61, criticising Somerset Water etc. Co. v. Hyde (1908) 129 § 215] REPAEATION AND PREVENTION OF TORTS.... 281 The criticism of the prevailing view is that it allows the plaintiff to charge the defendant an exorbitant price for his property.* Unless, however, the plaintiff has bought the property with that as his sole motive, this is considered as one of the legitimate incidents of owner- ship.^ And the defendant can usually protect himself at the outset by buying up sufficient land to prevent the question from being raised.^ The result of the mi- nority holding is that the plaintiff is remitted to his legal remedy; if he recovers only for damages down to the date of bringing his action, he will be compelled to sue just before the close of each statutory period''' in order to prevent the acquisition of an easement; if he recovers prospective damages, the defendant acquires by the judgment against him such an easement at once.
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To quickly assess the difficulty of the text, read a short excerpt:
3. In Daniels v. Keokuk Water Works (1883) 61 Iowa 549, 16 N. W. 705, 1 Ames Eq. Cas.' 585, emphasis was laid upon the public inconvenience which would result from an injunction. For other cases denying an injunction because of the "balance of convenience" doctrine, see 14 Harv. Law Rev. 458, 623, 22 id. 596, 613, criticising Bliss V. AnJiconda Mining Co. (1908) 167 Fed. 342;. 22 Harv. Law- Rev. 61, criticising Somerset Water etc. Co. v. Hyde (1908) 129 § 215] REPAEATION AND PREVENTION OF TORTS.... 281 The criticism of the prevailing view is that it allows the plaintiff to charge the defendant an exorbitant price for his property.* Unless, however, the plaintiff has bought the property with that as his sole motive, this is considered as one of the legitimate incidents of owner- ship.^ And the defendant can usually protect himself at the outset by buying up sufficient land to prevent the question from being raised.^ The result of the mi- nority holding is that the plaintiff is remitted to his legal remedy; if he recovers only for damages down to the date of bringing his action, he will be compelled to sue just before the close of each statutory period''' in order to prevent the acquisition of an easement; if he recovers prospective damages, the defendant acquires by the judgment against him such an easement at once.
What to read after Equity : An Analysis And Discussion of Modern Equity Problems?
You can find similar books in the "Read Also" column, or choose other free books by George Luther Clark to read onlineMoreLess
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