INJUNCTIONS, § 180 — failure of plaintiff's evidence to establish ordinance violation's damage to then as grounds for dismissal. Where lessor and owners of theatre sought to enjoin owner and lessee of lot on adjacent corner, from erection of gasoline filling station on such lot, on ground that, such a gasoline filling station if erected would be nearer distance to theatre than permitted by building code and in violation of municipal ordinance of City of Chicago, and that operation thereof would constitute fire hazard and depreciate value of theatre and property of complainants, as well as, constitute menace to health and comfort of theatre's patrons, trial court erred in sustaining complainant's objections to master's report, since complainant's evidence had failed to establish that such violation of ordinance would constitute special or irreparable damage to them, and hence trial court's judgment was reversed and cause remanded with directions to trial court to dismiss plaintiff's complaint for want of equity.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE SCANLAN.
"Not to be published in full." Opinion filed November 28, 1941.