Givens v. Van Studdiford
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Damages may be recovered for keeping or creating a nuisance. —Gleason v. Guy, 4 Conn. 418 ; Gall v. Buttriclc, 4 Cush. 345 ; Scott v. Bay, 3 Md. 431; Hodges v. Hodges, 5 Mete. 205 ; Ray v. Sellers, 1 Duv. 254; Rillsbury v. Moore, 44 Me. 154; 30 Ala. 318; 12 N. Y. 486. The rule of damages is the injury actually sustained at the commencement of the suit. — 1 Hill, on Torts, 602, sec. 16; Field on Dam., secs. 45, 74, 734, 748; Allison v.…
Read the full summary
Appeal from St. Louis Circuit Court. Damages may be recovered for keeping or creating a nuisance. —Gleason v. Guy, 4 Conn. 418 ; Gall v. Buttriclc, 4 Cush. 345 ; Scott v. Bay, 3 Md. 431; Hodges v. Hodges, 5 Mete. 205 ; Ray v. Sellers, 1 Duv. 254; Rillsbury v. Moore, 44 Me. 154; 30 Ala. 318; 12 N. Y. 486. The rule of damages is the injury actually sustained at the commencement of the suit. — 1 Hill, on Torts, 602, sec. 16; Field on Dam., secs. 45, 74, 734, 748; Allison v. Chandler, 11 Mich. 442; Illinois Central R. Go. v. Grabill, 50 Ill. 241; Ottoway Gas-light Go. v, Graham, 28 Ill. 77 ;…
1Opinion of the CourtBakewell, J.
This is an action for damages against defendant for permitting a nuisance to be established and maintained on the premises of defendant, adjoining those of plaintiff, by which the value of plaintiff’s property, consisting of a valuable residence, was permanently injured, and the rents which would otherwise have been received from the same were lost. The particular nuisance complained of is that the house of defendant was, with his knowledge, and consent, rented to prostitutes, who conducted themselves in an indecent manner, in the house, in full view of the neighborhood. The damages are laid…
2Cases cited2 opinions
- Illinois Central Railroad v. GrabillIllinois Supreme Court · 1869
- Cockey v. LeisterCourt of Appeals of Maryland · 1858
3Cited by4 opinions
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Blagen v. SmithOregon Supreme Court · 1899
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. KingIndiana Court of Appeals · 1900
- Babb v. Curators of the UniversityMissouri Court of Appeals · 1890