Warner v. Sharp

The defendant in error, as plaintiff, commenced this action to recover damages against the plaintiff in error, as defendant, for injuries he is alleged to have suffered by reason of a temporary or abatable nuisance consisting of certain alleged unsanitary conditions upon the property of the latter.

Both properties consist of city lots in the city of Muskogee with dwellings upon them. The plaintiff in error’s property is immediately west of that of the defendant in error.

The parties will hereinafter be referred to by their trial court designations.

In his pleadings, the plaintiff asserted a…