Pacific Livestock Co. v. Mason Valley Mines Co.
Nevada Supreme Court
Appeal from the Eighth Judicial District Court, Lyon County; T. C. Hart, Judge. Action by the Pacific Livestock Company against the Mason Valley Mines Company; Judgment for defendant, and plaintiff appeals. Public-service ■ corporations are liable for nuisances created in the operation of their 'business; (Louisville-Nashville Terminal Co. v. Lellyette, 1 L. R. A. n. s. 49; B. & P. Ry. Co. v. Fifth Baptist Church, 108 U. S. 317, 2 Sup.
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Appeal from the Eighth Judicial District Court, Lyon County; T. C. Hart, Judge. Action by the Pacific Livestock Company against the Mason Valley Mines Company; Judgment for defendant, and plaintiff appeals. Public-service ■ corporations are liable for nuisances created in the operation of their 'business; (Louisville-Nashville Terminal Co. v. Lellyette, 1 L. R. A. n. s. 49; B. & P. Ry. Co. v. Fifth Baptist Church, 108 U. S. 317, 2 Sup. Ct. 719, 27 L. Ed. 739; Sammons v. Gloversville, 175 N. Y. 346, 67 N. E. 622; -Johnston v. Providence & S. R. Co., 69 N. Y. Supp. 193; Reighard v. Flynn, 189…
1Opinion of the Court
By the Court,
Norcross, C. J.:
This is an appeal from a judgment following an order sustaining a demurrer to the plaintiff’s complaint. The complaint is in the form of a bill in equity to enjoin an alleged threatened injury to plaintiff’s agricultural land by poisonous fumes, which it is alleged will be discharged from defendant’s smelter. The demurrer was general, and upon the grounds that the complaint “does not state facts sufficient to constitute a cause of action” or “to entitle the plaintiff to the injunctive relief prayed for.” The complaint, after alleging that plaintiff and defendant…
2Cases cited5 opinions
- Ex parte SteeleDistrict Court, N.D. Alabama · 1908
- Duggan v. City of EmporiaSupreme Court of Kansas · 1911
- State ex rel. Jackson v. DolleySupreme Court of Kansas · 1910
- Adams v. Union Railroad Co.Supreme Court of Rhode Island · 1899
- Wedekind v. BellNevada Supreme Court · 1902
3Cited by13 opinions
- National Collegiate Athletic Association v. University of NevadaNevada Supreme Court · 1981
- Cirac v. Lander CountyNevada Supreme Court · 1979
- Sullivan v. Secretary of the CommonwealthMassachusetts Supreme Judicial Court · 1919
- Miller v. WestNevada Supreme Court · 1972
- In re Ming for a Writ of Habeas CorpusNevada Supreme Court · 1919
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