Johnston v. Rosaschi
Nevada Supreme Court
Appeal from Eighth Judicial District Court, Lyon County; T. C. Hart, Judge. Suit by Bertha Johnston and another against Romeo Rosaschi and the Nichol Land and Stock Company. Judgment for plaintiffs, and defendant company appeals. The demurrer to the original complaint and to the amended complaint should have been sustained. There is no allegation that connected appellant with the injury.
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Appeal from Eighth Judicial District Court, Lyon County; T. C. Hart, Judge. Suit by Bertha Johnston and another against Romeo Rosaschi and the Nichol Land and Stock Company. Judgment for plaintiffs, and defendant company appeals. The demurrer to the original complaint and to the amended complaint should have been sustained. There is no allegation that connected appellant with the injury. No action at all can be maintained until notice is given that the instrumentality maintained is a nuisance. No such notice is alleged. 29 Cyc. 1216; 21 Ency. Law, 720; Addison on Torts, sec. 280. Appellant…
1Opinion of the Court
By the Court,
Sanders, C. J.:
This was a suit in equity for injunctive relief to prevent the impounding of waste water in such manner as to injure plaintiffs’ land. In the lower court a temporary restraining order was granted, which was, upon the final hearing, made permanent. The defendant Nichol Land and Stock Company, a corporation, being dissatisfied with the result, in so far as it adjudged the plaintiffs to be entitled to an injunction against it, brings the case here upon numerous assignments of error.
An amended complaint was filed in the court below against the Nichol Land and Stock…
2Cases cited10 opinions
- Wood v. MoultonCalifornia Supreme Court · 1905
- Hawthorne v. SmithNevada Supreme Court · 1867
- Nelson v. SmithNevada Supreme Court · 1918
- Boynton v. LongleyNevada Supreme Court · 1885
- Gordon v. HillmanWashington Supreme Court · 1919
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3Cited by4 opinions
- Ace Truck & Equipment Rentals, Inc. v. KahnNevada Supreme Court · 1987
- Reserve Life Ins. Co., Dallas, Tex. v. FrankfatherSupreme Court of Colorado · 1950
- Thomas v. PalmerNevada Supreme Court · 1926
- Milner v. ShueyNevada Supreme Court · 1936