McConnel v. Kibbe
Illinois Supreme Court
This was an action on the case for a tort, brought by McConnel against Kibbe, charging that McConnel and Kibbe were owners of the same house, under which were two cellars, and on the first floor two store-rooms, and above them, (consisting of three additional stories,) the house was furnished and kept as a hotel. McConnel owned one cellar and Kibbe owned the other.
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This was an action on the case for a tort, brought by McConnel against Kibbe, charging that McConnel and Kibbe were owners of the same house, under which were two cellars, and on the first floor two store-rooms, and above them, (consisting of three additional stories,) the house was furnished and kept as a hotel. McConnel owned one cellar and Kibbe owned the other. Kibbe owned the two stores up to the middle of the first joist, and McConnel owned the hotel, being the whole house above the stores. The charge is, that Kibbe took away the brick wall between his two stores, which was one of the…
1Opinion of the CourtWalker, J.
The first question presented, by this record, is, whether an action on the case accrues, by the continuance of a nuisance. Whether its continuance, distinct from its creation, is a cause of action. If its continuance, without reference to the original act from which the nuisance proceeds, is a grievance for which the action may be maintained, then a recovery may be had for damages growing out of its continuance, although the statute of limitations may have barred a recovery, for the original wrongful act. In this case, the original act, which it is claimed has produced the injury, was…
2Cases cited1 opinion
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
3Cited by13 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- City Council v. LombardSupreme Court of Georgia · 1897
- Spence v. Washington National InsuranceAppellate Court of Illinois · 1943
- Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- Joseph Schlitz Brewing Co. v. ComptonIllinois Supreme Court · 1892
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