Alexander v. Kerr

The opinion of the. court was delivered by

Gibson, C. J.

— It is supposed, that an-inconsiderable .injury from a nuisance, is an insufficient cause of action. t Admitting the propriety of the judgment in the particular cases'that have befen cited in support of the position, I am unable to concur in the reasons of the judges, -who seem to have thought, that the right to recover at all, depends rat.her on the extent than the nature of the injury. The true distinction seems to be, between cases where the injury is remote and common to many, without particular damage to any one, and those where it…