Junction City Lumber Co. v. Sharp
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; He who uses his legal right harms no one. 59 Miss. 116; 9 N. Y. 444. One living in a city must necessarily submit to the inconveniences of city life. 78 Ky. 400; 188 Mass. 6; 118 N. W. 768; 23 Mich. 448. The measure of damages, unless the injury is permanent, is the depreciation in rental value during the continuance of the nuisance. 118 S. W. 786. The damages should at most be only nominal. 58 L. R. A. 390; 14 Id.…
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; He who uses his legal right harms no one. 59 Miss. 116; 9 N. Y. 444. One living in a city must necessarily submit to the inconveniences of city life. 78 Ky. 400; 188 Mass. 6; 118 N. W. 768; 23 Mich. 448. The measure of damages, unless the injury is permanent, is the depreciation in rental value during the continuance of the nuisance. 118 S. W. 786. The damages should at most be only nominal. 58 L. R. A. 390; 14 Id. 229; 74 la. 169; 86 Ala. 515. Appellee’s right to recover did not depend upon who owned the land where the nuisance was…
1Opinion of the CourtFrauenthal, J.
The plaintiff below, H. G. Sharp, is the owner of a lot in Prescott, Arkansas, which is occupied by him as a residence.
The defendant, the Junction City Lumber Company, owns a block in the same city near the plaintiff’s dwelling house, upon which it has erected and operates a planing mill. The plaintiff alleged that the defendant in the operation of its plant created and maintains a nuisance, which disturbs, annoys, and injures him in the use and enjoyment of his property; and he instituted this suit for the recovery of the damages which he claims he has sustained thereby. The plaintiff is a…
2Cases cited5 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Durfey v. ThalheimerSupreme Court of Arkansas · 1908
- Eller v. KoehlerOhio Supreme Court · 1903
- Terrell v. WrightSupreme Court of Arkansas · 1908
- Espalla v. GottschalkSupreme Court of Alabama · 1891
3Cited by13 opinions
- Oklahoma City v. EylarSupreme Court of Oklahoma · 1936
- Huddleston v. BurnettSupreme Court of Arkansas · 1926
- St. Louis Southwestern Railway Co. v. MackeySupreme Court of Arkansas · 1910
- Gulf Oil Corporation v. VestalCourt of Appeals of Texas · 1950
- Oklahoma City v. McAllisterSupreme Court of Oklahoma · 1935
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