Beatrice Gas Co. v. Thomas
Nebraska Supreme Court
Error from the district court of Gage county. Tried below before Broady, J. The facts are stated in the opinion. The petition does not state a cause of action.
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Error from the district court of Gage county. Tried below before Broady, J. The facts are stated in the opinion. The petition does not state a cause of action. (Brown v. Illius, 27 Conn., 84*; Terry v. Munger, 49 Hun [N. Y.], 560; City of Greenoastle v. Hazelett, 23 Ind., 186; Ballard v. Tomlinson, 26 L. R., Ch. Div. [Eng.], 194; Upjohn v. Board of Health, 46 Mich., 542.) If offensive matter percolated from defendant’s condense well and polluted the water in plaintiff’s well and thereby became a private nuisance, it was a continuing nuisance. (,Sherman v. Fall River Iron Works Co., 2 Allen…
1Opinion of the Court
Irvine, C.
Thomas brought this action against the gas company, alleging that the plaintiff was the owner of a certain lot in South Beatrice and had been such owner for five years, occupying the premises as a homestead; that he dug a well thereon suitable for use; that the gas company operated *665and maintained its manufactory one block from the property of the plaintiff; that contiguous to this factory the gas company made a large excavation in the ground reaching into the sand, into which it emptied all the filth and waste coming from its factory, consisting of a deadly and poisonous liquid…
2Cases cited6 opinions
- Ball v. NyeMassachusetts Supreme Judicial Court · 1868
- Kinnaird v. Standard Oil Co.Court of Appeals of Kentucky · 1890
- Upjohn v. Board of HealthMichigan Supreme Court · 1881
- Pensacola Gas Co. v. PebleySupreme Court of Florida · 1889
- Omaha & Republican Valley Railroad v. StandenNebraska Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Virginia Hot Springs Co. v. McCraySupreme Court of Virginia · 1907
- Anheuser-Busch Brewing Ass'n v. PetersonNebraska Supreme Court · 1894
- Swift & Co. v. Peoples Coal & Oil Co.Supreme Court of Connecticut · 1936
14 more not listed; retrieve them via the Exa API.