Robertson v. Cincinnati, New Orleans & Texas Pacific Railway

The defendant Railway Company operates its switch-yard on property belonging to it within 1,800 feet of the residence of Mr. and Mrs. Robertson. As a result of such operations, Mr. and Mrs. Robertson sued the railroad for damages to this realty. Their declaration specified the activities of the railroad in the operation of this switch-yard, and alleged that such operation “constitutes a continuous and perpetual nuisance which has greatly depreciated and diminished in value ’ ’ their aforesaid realty. They seek a recovery to the extent of its alleged depreciation.

To the action of the Court in…