Livezey v. Schmidt
Court of Appeals of Kentucky
Case 78 — PETITION OB.DINAB.T — APPEAL EROM CAMPBELL CIRCUIT COURT. 1. One who is merely chargeable with the continuance of a nuisianoe is entitled to a notice to remove it before he can he sued. (Gleason v. Schneider, &e., 7 Ky.-Law Rep., 834.) 2. The court erred in omitting the element of negligence from the instructions. 1. The petition states a cause of action.
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Case 78 — PETITION OB.DINAB.T — APPEAL EROM CAMPBELL CIRCUIT COURT. 1. One who is merely chargeable with the continuance of a nuisianoe is entitled to a notice to remove it before he can he sued. (Gleason v. Schneider, &e., 7 Ky.-Law Rep., 834.) 2. The court erred in omitting the element of negligence from the instructions. 1. The petition states a cause of action. (Kinnaird v. Standard Oil Co., 89 Hy., 468.) 2. There was evidence of negligence on the part of Livezey. •3. One who has created a nuisance is not entitled to notice to remove. (Gleason v. Schneider, 7 .Ky. Law Rep., 834.) But as…
1Opinion of the Court
OHIEF JUSTICE PRYOR
delivered the opinion of the court.
The appellant and the appellee own and live upon adjoining lots, and the stables of the appellant being-near the dwelling of the appellee, it is alleged by the latter in this action that the appellant placed heaps of* manure from his stable and the offal from his premises in such a position with reference to appellee’s dwelling as cansed the drainage in wet weather to pass through this filth and into the cellar of the house in which the appellee and his tenants lived, making the water impure and injuring the health and comfort of himself…
2Cases cited1 opinion
- Kinnaird v. Standard Oil Co.Court of Appeals of Kentucky · 1890
3Cited by9 opinions
- Pickerill v. City of LouisvilleCourt of Appeals of Kentucky · 1907
- Cumberland Grocery Co. v. Baugh's Admr.Court of Appeals of Kentucky · 1913
- Gott v. FranklinCourt of Appeals of Kentucky (pre-1976) · 1948
- Foreman v. Midland Valley Ry. Co.Court Of Appeals Of Indian Territory · 1907
- Johnson v. MarcumCourt of Appeals of Kentucky · 1913
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