Legal Opinion

Byrne v. Monongahela West Penn Public Service Co.

West Virginia Supreme Court

Decided January 22, 1929No. 6309PublishedCited by 5 opinions

1Opinion of the Court

Lively, Judge:

Defendant owns and operates an electric power plant and is a public service utility furnishing light and power to the inhabitants of the town of Sutton, and elsewhere. The opera tion of its machinery has caused a vibration of the dwelling house of plaintiff's decedent situated 450 feet away from the generating plant. The principal and substantial damage to the house as a dwelling is. that the vibrations make it uninhabitable as such preventing sleep and repose. Some damage of little consequence, resulted from alleged loosening of the joints, breaking of window panes, loosening…

2Cases cited21 opinions

  1. Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
  2. Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
  3. Hargreaves v. KimberlyWest Virginia Supreme Court · 1885
  4. Chicago & Alton Railroad v. MaherIllinois Supreme Court · 1878
  5. Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880

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3Cited by5 opinions

  1. Friedman v. City of Forest CitySupreme Court of Iowa · 1948
  2. Shaw v. Monongahela Railway Co.West Virginia Supreme Court · 1931
  3. Conner v. City of SpencerWest Virginia Supreme Court · 1934
  4. Frontier Motors, Inc. v. Chick Norton Buick Co.Arizona Supreme Court · 1955
  5. Holt v. City of WestonWest Virginia Supreme Court · 1931

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