Choctaw, O. G. R. Co. v. Drew
Supreme Court of Oklahoma
Error from District Court, Carter County; 8. II. Russell, Judge. Action by Byron Drew against the Choctaw, Oklahoma & Gulf Eailroad Company for damages on account of a private nuisance. From a judgment for plaintiff for $1,995, defendant brings error.
1Opinion of the Court
Opinion by
SHAEP, C.
Among the errors urged by plaintiff in error are the following: First, that a railroad company is not liable to an abutting owner in damages on account of noise, smoke, or other like inconveniences, resulting from the operation of its trains in a lawful, careful, and proper manner; second, that a nuisance cannot arise so as to give a common-law right of action from that which the law authorizes; third, that, its right of way having been obtained pursuant to law, and compensation made for the lands taken, claims of abutting owners for consequential damages cannot be…
2Cases cited51 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Carroll v. SaffordSupreme Court of the United States · 1845
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3Cited by9 opinions
- City of Muskogee v. HancockSupreme Court of Oklahoma · 1916
- Pahlka v. Chicago, R. I. & P. R. Co.Supreme Court of Oklahoma · 1916
- Atchison, T. & S. F. Ry. Co. v. Terminal Oil Mill Co.Supreme Court of Oklahoma · 1937
- Sheridan Oil Co. v. WallSupreme Court of Oklahoma · 1940
- City of Mangum v. Sun Set FieldSupreme Court of Oklahoma · 1918
4 more not listed; retrieve them via the Exa API.