Porges v. Jacobs
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice McBride. This is an action by Alice C. Porges against Walter E. Jacobs to recover damages for an alleged nuisance.
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From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice McBride. This is an action by Alice C. Porges against Walter E. Jacobs to recover damages for an alleged nuisance. The following statement taken from plaintiff’s brief correctly states the issues: “Paragraph 1 of plaintiff’s complaint in effect alleges: That the City of Portland, in Multnomah County, State of Oregon, is an incorporated city, and that more than ten years prior hereto there was platted and recorded in the clerk’s office of said county and state a residence district designated as ‘ Crozier’s Addition…
1Opinion of the CourtJustice McBride
1. The court erred in admitting testimony as to the depreciation in the market value of plaintiff’s property caused by the alleged nuisance. The reason why such evidence is inadmissible in cases of this kind is that the alleged nuisance is temporary and can be abated. When cause for depreciation is removed, the market value is restored to its normal figure. The true measure of damages is the depreciation in the rental value, plus compensation for the discomfort and annoyance or injury to health which plaintiff has suffered by the existence of the nuisance: Baltimore & Potomac R. Co. v. Fifth…
2Cases cited7 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Shively v. Cedar Rapids, Iowa Falls & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Rutenic v. HamakarOregon Supreme Court · 1902
- Gerow v. Village of LibertyAppellate Division of the Supreme Court of the State of New York · 1905
- Cane Belt Railroad Co. v. RidgewayCourt of Appeals of Texas · 1905
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3Cited by7 opinions
- Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
- Barci v. Intalco Aluminum Corp.Court of Appeals of Washington · 1974
- Lehman v. KnottOregon Supreme Court · 1921
- Fowler v. Crown-Zellerbach CorporationCourt of Appeals for the Ninth Circuit · 1947
- Lunda v. MatthewsCourt of Appeals of Oregon · 1980
2 more not listed; retrieve them via the Exa API.