Oehler v. Levy
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Willard M. McEwEn, Judge, presiding.
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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Willard M. McEwEn, Judge, presiding. This was a bill in chancery filed in the superior court of Cook county by the complainants, Oehler and Reichhold, against the defendant, Charles Levy, to restrain Levy from maintaining a nuisance upon certain premises situated in the city of Chicago which belonged to him and which adjoined property owned by the complainants. It appears from the pleadings and proofs that the complainants are the owners of a flat-building…
1Opinion of the Court
Mr. Justice; Hand
delivered the opinion of the court:
The first contention made by the appellant is, that the Appellate Court erred in holding that he was guilty of maintaining a nuisance upon his premises. The evidence clearly shows that appellant was the owner of and in possession of the premises adjoining the flat-building of appellees ; that he kept upon his premises about twenty head of horses; that he failed to remove the manure and urine deposited by said horses upon said premises at such times and in such a manner as to prevent offensive odors from arising therefrom, which penetrated…
2Cases cited6 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Laflin & Rand Powder Co. v. TearneyIllinois Supreme Court · 1890
- Wahle v. ReinbachIllinois Supreme Court · 1875
- McDonald v. EnglishIllinois Supreme Court · 1877
- Chicago, Milwaukee & St. Paul Railway Co. v. DarkeIllinois Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Petra Presbyterian Church v. Village of NorthbrookCourt of Appeals for the Seventh Circuit · 2007
- Robichaux v. HuppenbauerSupreme Court of Louisiana · 1971
- Clarke v. BoysenCourt of Appeals for the Tenth Circuit · 1930
- Wheat v. Freeman Coal Mining Corp.Appellate Court of Illinois · 1974
- Phelps v. WinchIllinois Supreme Court · 1923
35 more not listed; retrieve them via the Exa API.