Markwardt v. City of Guthrie
Supreme Court of Oklahoma
Error from the District Court of Logan County; before John H. Burford, Trial Judge. STATEMENT OE EACTS. This was an action commenced in the district court of Logan county, by Catherine Markwardt against the city of Guthrie, to recover damages alleged to have been sustained by her in consequence of the maintenance of a public sewer by said city.
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Error from the District Court of Logan County; before John H. Burford, Trial Judge. STATEMENT OE EACTS. This was an action commenced in the district court of Logan county, by Catherine Markwardt against the city of Guthrie, to recover damages alleged to have been sustained by her in consequence of the maintenance of a public sewer by said city. The petition in the ease, omitting the caption, is as follows: “'The plaintiff, above named, complains of tbe defendant, and alleges: “First: That the defendant is a municipal corporation of the Territory of Oklahoma, duly organized, and a city of the…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
There is but one question presented by the record: Does the petition state facts sufficient to constitute a cause of action? And this presents for our considera tion the question, whether a municipal corporation, which empties its sewage into a river or creek at a point some distance below the city limits, and on account of which sewage the water becomes foul, and impregnated with noxious and poisonous substances and unfit for domestic and other purposes, is liable to a lower riparian owner for maintaining a nuisance which interferes with the health, comfort…
2Cases cited19 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Missouri v. Illinois & the Sanitary DistrictSupreme Court of the United States · 1900
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
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3Cited by23 opinions
- Attorney General ex rel. Township of Wyoming v. City of Grand RapidsMichigan Supreme Court · 1913
- Orme v. Atlas Gas and Oil Co.Supreme Court of Minnesota · 1944
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Oklahoma City v. EylarSupreme Court of Oklahoma · 1936
18 more not listed; retrieve them via the Exa API.