Czarnecki v. Bolen-Darnell Coal Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; 1. Whether the state of facts complained of constitutes a public or private nuisance, there is conclusive evidence of special damage, and appellants are entitled to recover. 39 Ark. 403; 98 Mo. 523; 11 S. W. 990; 37 Cent. Dig. 1691, § 164, “Nuisances.” 2. The actions are not barred.
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Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; 1. Whether the state of facts complained of constitutes a public or private nuisance, there is conclusive evidence of special damage, and appellants are entitled to recover. 39 Ark. 403; 98 Mo. 523; 11 S. W. 990; 37 Cent. Dig. 1691, § 164, “Nuisances.” 2. The actions are not barred. While no damages could be recovered for losses after the lapse of three years from their occurrence, yet damages accruing within three years are recoverable. • The 'damages from noxious vapors could not be permanent, hence the statute did…
1Opinion of the CourtMcCurrocii, C. J.
Antoni Czarnecki instituted an action against the Bolen-Darnell Coal Company to recover alleged damages to his real property, situated in the town of Hartford, Sebastian County, Ark. The owners of other adjacent real estate instituted similar actions against the same defendant, and the cases were consolidated and tried together. When the several plaintiffs had introduced their evidence, the court gave a peremptory instruction in favor of the defendant, and the plaintiffs have appealed.
The facts set forth in the complaint, and which the evidence tended to prove, are substantially as follows:…
2Cases cited3 opinions
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Fisher v. ZumwaltCalifornia Supreme Court · 1900
- Durfey v. ThalheimerSupreme Court of Arkansas · 1908
3Cited by8 opinions
- Brede v. Minnesota Crushed Stone Co.Supreme Court of Minnesota · 1919
- North Little Rock Transportation Co. v. FinkbeinerSupreme Court of Arkansas · 1967
- St. Louis Southwestern Railway Co. v. MackeySupreme Court of Arkansas · 1910
- Sewer Improvement District No. 1 v. FiscusSupreme Court of Arkansas · 1917
- International Shoe Company v. GibbsSupreme Court of Arkansas · 1931
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