Legal Opinion

Garrett v. Kennedy

Supreme Court of Oklahoma

Decided December 7, 1943No. 31181PublishedCited by 13 opinions

1Opinion of the Court

GIBSON, V. C. J.

This is an action to recover damages allegedly suffered as a result of a temporary, nuisance, and for injunction abating the same. Judgment was for defendants, and plaintiffs appeal.

According to the petition plaintiffs and defendants resided on adjoining lots in the city of Tulsa. The topography was such that in times of rain surface waters ran across defendants’ property onto that of the plaintiffs. The soil was of a variety that was subject to unusually rapid erosion. In an apparent effort to check erosion defendants constructed a wall of cement and stone some 18 inches high…

2Cases cited5 opinions

  1. Mid-Continent Petroleum Corp. v. BettisSupreme Court of Oklahoma · 1937
  2. Gulf, C. & S. F. Ry. Co. v. RichardsonSupreme Court of Oklahoma · 1914
  3. Okmulgee Producing & Refining Co. v. BaughSupreme Court of Oklahoma · 1925
  4. Martin v. National Bank of ClaremoreSupreme Court of Oklahoma · 1938
  5. Oklahoma Gas & Electric Co. v. BushaSupreme Court of Oklahoma · 1936

3Cited by13 opinions

  1. Sides v. John Cordes, Inc.Supreme Court of Oklahoma · 1999
  2. Evans Financial Corp. v. StrasserNew Mexico Supreme Court · 1983
  3. Valley Mortuary v. FairbanksUtah Supreme Court · 1950
  4. I.C. Gas Amcana, Inc. v. HoodSupreme Court of Oklahoma · 1992
  5. Kennett-Murray & Co. v. Pawnee National BankCourt of Civil Appeals of Oklahoma · 1979

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