| Woodyear v. Schaefer, 57 Md. 1 (1881)
Appeal from Baltimore County Circuit Court
OVERVIEW: The question or the court on appeal was whether a court in equity was allowed to intervene to stop the slaughterhouse owner from committing the acts, which constituted such an
inconsiderable part of the wrong complained of, and which if stopped, would leave the mill owner still suffering from almost as great a grievance as he was subject to. The right of a riparian owner to have the
water of a stream come to him in its natural purity, or in the condition in which he has been in the habit of using it for the purposes of his domestic use or of his business, was well recognized. The court on
appeal held that it was no answer to a complaint of nuisance that a great many others were committing similar acts of nuisance upon the stream. Each and every one was liable to a separate action and to be
restrained. Each wrongdoer's action standing alone might amount to little or nothing. But it was when all were united together, and contributed to a common result, that they became important as factors, in
producing the mischief of which was complained. An injunction was a proper remedy.
Appellate Court Records:
COURT OF APPEALS (Docket) Woodyear v. Schaefer, 1881, April Term, case no. 118, p. 111, MdHR 637 [MSA S412-11, 1/66/14/42]
COURT OF APPEALS (Opinions) Woodyear v. Schaefer, 1881, April Term, case no. 118, MdHR 707-79 [MSA S393-65, 1/65/13/11]
Trial Court Records:
BALTIMORE COUNTY CIRCUIT COURT(Equity Docket) Woodyear v. Schaefer, Volume JB 7, pp. 226 and 250, Case no. 4335, MdHR 20,227-7 [MSA C326-7, 2/49/8/6]
BALTIMORE COUNTY CIRCUIT COURT(Equity Papers) Woodyear v. Schaefer, Box 733 Case no. 4335 [MSA T696-62, 0/35/6/9]
Property at issue located near the intersection of Gwynns Falls and Gwynns Run, near where the B&o track crossed the Gwynns Falls. Close to modern-day Carroll Park
MSA SC5339-7-30
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