Harper v. Standard Oil Co.
Missouri Court of Appeals
Appeal from the Ralls Circuit Gourt. — ITon. Reuben F. Rot, Judge. A private nuisance is defined to be anything done to the hurt or annoyance of the lands, tenements or hereditaments of another. 3 Bl. Oom. 216. Any unwarrantable, unreasonable or unlawful use by a person of his own property, real or personal, to the injury of another, comes within the definition stated and renders the owner or possessor liable for all damages arising from such use.
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Appeal from the Ralls Circuit Gourt. — ITon. Reuben F. Rot, Judge. A private nuisance is defined to be anything done to the hurt or annoyance of the lands, tenements or hereditaments of another. 3 Bl. Oom. 216. Any unwarrantable, unreasonable or unlawful use by a person of his own property, real or personal, to the injury of another, comes within the definition stated and renders the owner or possessor liable for all damages arising from such use. Woods’ - Law of Nuisance S. 1, and authorities cited. The rule is -of universal application, that while a man may prosecute such business as he…
1Opinion of the Court
BOND, J.-
-This suit is for damages for the maintenance by defendant of one gasoline tank, and six coal oil tanks on its grounds adjacent to the dwelling house of plaintiffs, which are alleged to contain gasoline and coal oil and to be liable to ignition from the sparks of the engines of two railroads, whose tracks abut the grounds whereon defendant has placed such structures, thereby endangering plaintiff’s *343property, decreasing its rental and salable value, and affecting them with apprehension of injury to themselves and their property. The answer admitted the corporate capacity of defendant,…
2Cases cited2 opinions
- Evans v. VanbibberTennessee Supreme Court · 1850
- Gibson v. DonkMissouri Court of Appeals · 1879
3Cited by8 opinions
- Buchholz v. Standard Oil Co.Missouri Court of Appeals · 1922
- Hornstein v. United Railways Co.Supreme Court of Missouri · 1906
- State ex rel. Hopkins v. Excelsior Powder Manufacturing Co.Supreme Court of Missouri · 1914
- Hanes v. . Carolina Cadillac Co.Supreme Court of North Carolina · 1918
- City of Spickardsville v. TerryMissouri Court of Appeals · 1954
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