People's Gas Co. v. Tyner
16 L.R.A. 443, 131 Ind. 277, 31 N.E. 59 (1892)
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Rule of Law:
A landowner's right to use their property is limited by the duty not to create a nuisance that injures their neighbors. A private citizen may obtain an injunction to stop a public wrong, such as the dangerous use of explosives, if they can show they will suffer a special injury distinct from that suffered by the public in general.
Facts:
- The appellee and his wife owned and resided in a dwelling house on four city lots in Greenfield.
- The appellants dug and constructed a natural gas well on a lot approximately 200 feet from the appellee's residence, separated by a 40-foot wide street.
- Appellants intended to 'shoot' the well by detonating a large quantity of nitro-glycerine to increase the flow of gas.
- In preparation, appellants brought approximately 117 quarts of nitro-glycerine and left it on a public street less than 200 feet from appellee's home for several hours.
- Nitro-glycerine is a highly explosive and dangerous compound, and an explosion of the quantity possessed by appellants could destroy life and property within a 500-yard radius.
- Appellants' actions were performed without the appellee's consent and over his objections.
Procedural Posture:
- The appellee (plaintiff) filed a complaint against the appellants (defendants) in the Hancock Circuit Court, the court of first instance, seeking an injunction.
- Based on the verified complaint and supporting affidavits, the trial court granted a temporary injunction in favor of the appellee.
- The appellants appealed the trial court's order granting the temporary injunction to the current appellate court.
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Issue:
May a court grant a temporary injunction to prevent a landowner from using large quantities of a dangerous explosive, like nitro-glycerine, on their property in a populated area when it poses a specific and direct threat of irreparable harm to an adjacent landowner's life and property?
Opinions:
Majority - Coffey, J.
Yes, a court may grant a temporary injunction. While a landowner has a right to develop resources on their property, including using methods to increase the flow of fugitive resources like natural gas (the 'rule of capture'), this right is not absolute. A property owner must have due regard for the rights of others and cannot create a nuisance that injures a neighbor. The use of large quantities of nitro-glycerine in a thickly populated city endangers lives and property, constituting a threatened injury that cannot be adequately compensated by money damages. The fact that accumulating nitro-glycerine in such quantities is a crime does not bar a private citizen from seeking an injunction, because a private citizen may maintain an action for a public wrong if they suffer an injury peculiar to themselves and not sustained by the public in general.
Analysis:
This case illustrates the classic legal tension between a landowner's property rights and the common law doctrine of nuisance. The court affirms the 'rule of capture' for fugitive resources like natural gas, meaning a landowner can legally drain gas from a neighbor's property. However, it establishes a crucial limitation: the method of extraction cannot create an unreasonable danger to others. The decision solidifies the principle that a private individual can enjoin a public nuisance (an act that is both a crime and a tort) if they can demonstrate special harm, thereby empowering individuals to protect their safety and property from dangerous industrial activities in residential areas.
