Corley v. Lancaster
Court of Appeals of Kentucky
Case 29 — ORDINARY APPEAL FROM MARION CIRCUIT COURT. 1. Although a nuisance be public, in its character and effect, yet, if an individual suffers injury therefrom in any manner peculiar to himself, or differently from others, he has his right of action. 2. There is a broad distinction between the original erection of a structure that a party consenting thereto knows will result in a nuisance and where one consents to a structure as a measure of relief while the wrong is…
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Case 29 — ORDINARY APPEAL FROM MARION CIRCUIT COURT. 1. Although a nuisance be public, in its character and effect, yet, if an individual suffers injury therefrom in any manner peculiar to himself, or differently from others, he has his right of action. 2. There is a broad distinction between the original erection of a structure that a party consenting thereto knows will result in a nuisance and where one consents to a structure as a measure of relief while the wrong is being done to him. (Wood on Nuisances, 577; Lead Co. Appeal, Am. Law Rep., Oct., 1881; Commonwealth v. Ashbrook, I Bush,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
This is an action by appellants to recover damages on account of the alleged creation and continuance by appellee of a nuisance.
It appears that in 1874 appellee erected about 250 yards from the residence of appellants, and on the opposite side *173of a stream called Hardin’s creek, in Marion county, a large distillery; and that he operated his distillery and fed large numbers of animals, confined under the sheds constructed for the purpose, from five to seven months each year, from that time until the commencement of this action.
The residence of…
2Cases cited1 opinion
- Cosby v. Owensboro & Russellville R. R.Court of Appeals of Kentucky · 1874
3Cited by6 opinions
- Maxwell v. Fayette National BankCourt of Appeals of Kentucky · 1919
- Rounds v. Cloverport Foundry & Machine Co.Court of Appeals of Kentucky · 1914
- Illinois Central Railroad v. CovingtonCourt of Appeals of Kentucky (pre-1976) · 1925
- Pere Marquette Railroad v. ChadwickIndiana Court of Appeals · 1917
- Lee v. MacHtCourt of Appeals of Kentucky (pre-1976) · 1930
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