Eller v. Koehler
Ohio Supreme Court
EbeoR to the Circuit Court of Stark County. The defendant in error brought suit' against the plaintiff in error in the Court of Common Pleas of Stark County, to recover damages for alleged injuries to her health and her property, which she alleges resulted from noise 'and vibration occasioned by certain steam 'hammers, or as they turned out to be, drop hammers, which are used in the manufactory of the plaintiff in error On a lot adjoining the lot of the defendant in error.
Read the full summary
EbeoR to the Circuit Court of Stark County. The defendant in error brought suit' against the plaintiff in error in the Court of Common Pleas of Stark County, to recover damages for alleged injuries to her health and her property, which she alleges resulted from noise 'and vibration occasioned by certain steam 'hammers, or as they turned out to be, drop hammers, which are used in the manufactory of the plaintiff in error On a lot adjoining the lot of the defendant in error. Plaintiff in error in his answer in the court of common pleas, denied that the plaintiff had suffered the injuries…
1Opinion of the Court
The defendant asked the court to charge the jury that:
“In determining the question whether thé plaintiff has suffered actual, substantial and material injuries, you may consider the ■locality of her property and that of the defendant, the nature of the business that is being conducted by the defendant, the character -of the machinery that he is using, the manner of using the property producing the alleged injuries, and 3ou may also consider the kinds of business, if any, which are being conducted and carried on in the vicinity of these properties. * * * If you find from the evidence that the'…
2Cited by26 opinions
- Banford v. Aldrich Chem. Co., Inc.Ohio Supreme Court · 2010
- Antonik v. ChamberlainOhio Court of Appeals · 1947
- Williams v. OederOhio Court of Appeals · 1995
- Gardner v. International Shoe Co.Illinois Supreme Court · 1944
- Perrin v. Crescent City Stockyard & Slaughterhouse Co.Supreme Court of Louisiana · 1907
21 more not listed; retrieve them via the Exa API.