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Keywords

plaintiffdefendantdamagesstatuteinjunction
plaintiffdefendantequityinjunctionmotionwilloverruledappellee

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Jerome v. Ross, 7 Johns.Ch. 315, 2 N.Y. Ch. Ann. 305, 11 Am.Dec. 484

Facts

The plaintiff, Ross, owned several lots of land in Troy, which contained a ledge of stone. The defendants, without Ross's consent, entered his property multiple times to remove stones for a dam being constructed on the Hudson River. Ross had previously won a small judgment in a related case for damages but argued that the ongoing removal of stones constituted irreparable harm. The defendants claimed they were acting under the authority of canal commissioners and had a right to take the stones, but Ross contended that their actions were unauthorized and damaging to his property.

The bill, filed by Ross (appellee) in the Court below, against Jerome and others, stated, that the plaintiff was seised and possessed of two certain lots of land in Troy, and of an undivided fifth part, as tenant in common, of two other lots, & c., on which there is an extensive ledge of stone and mass of rock, &c. That on the 23d of May last, and divers times between that time and the filing of the bill, the defendants, without the consent and against the will of the plaintiff, entered upon the said lots, and with cattle, implements, powder, & c., dug up, &c., and removed large parcels of stone, and applied the same for building a dam in the Hudson river, near to the north line of the city of Troy.

Issue

The main legal issue was whether the court should grant an injunction to prevent the defendants from continuing to remove stones from the plaintiff's property, given the claim of irreparable harm and the defendants' assertion of lawful authority.

The grounds laid for the injunction in the bill are, that the defendants are committing irreparable waste, without any pretence of title or right to the occupation of the soil; and that the plaintiff has no adequate remedy at law, without bringing a multiplicity of suits; or, at all events, that the mischief may be completely effected before their termination.

Rule

An injunction is not granted to restrain a mere trespass unless the injury is irreparable and destructive to the plaintiff's estate, and the party may obtain adequate satisfaction in the ordinary course of law.

An injunction is not granted to restrain a mere trespass, where the injury is not irreparable and destructive to the plaintiff's estate, but is susceptible of perfect pecuniary compensation, and for which the party may obtain adequate satisfaction, in the ordinary course of law.

Analysis

The court analyzed the nature of the injury claimed by Ross and determined that the removal of stones constituted irreparable harm, as the stones could not be replaced. The court also considered the defendants' claim of authority under the canal statutes but found that their actions exceeded the powers granted by those statutes. The court concluded that the legal remedies available to Ross were inadequate to address the ongoing harm.

The judge of the circuit stated at large his reasons for refusing to grant the motion, and which are contained in the following opinion, delivered by him, and transmitted, with his certificate, and copies of the proceedings, &c. before him, to the chancellor.

Conclusion

The court upheld the injunction, preventing the defendants from entering Ross's property to remove stones, as the injury to Ross was deemed irreparable and the defendants lacked lawful authority.

The order, continuing the injunction, overruled the two grounds, taken in support of the motion for dissolving the injunction, and which were, 1. The want of equity in the bill. 2. The sufficiency of the justification set up in the answer.

Who won?

Ross prevailed in the case because the court found that the defendants' actions were unauthorized and that the injury to his property was irreparable, warranting the issuance of an injunction.

The judge of the circuit stated at large his reasons for refusing to grant the motion, and which are contained in the following opinion, delivered by him, and transmitted, with his certificate, and copies of the proceedings, &c. before him, to the chancellor.

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