Fogarty v. Junction City Pressed Brick Co.
Supreme Court of Kansas
Error from Geary District Court. Action by Fogarty against the Junction City Pressed Brick Company, to enjoin defendant from using coal and other material injurious to plaintiff’s crops, and for damages. At the November term, 1889, a demurrer to the petition was sustained, and plaintiff prosecutes a writ of error. Other material facts appear in the opinion.
Read the full summary
Error from Geary District Court. Action by Fogarty against the Junction City Pressed Brick Company, to enjoin defendant from using coal and other material injurious to plaintiff’s crops, and for damages. At the November term, 1889, a demurrer to the petition was sustained, and plaintiff prosecutes a writ of error. Other material facts appear in the opinion. It is a well-settled doctrine that any trade or business lawful in itself which materially injures.the property of others or affects their health or renders the enjoyment of life uncomfortable is a nuisance. McKeon v. See, 51 N. Y. 307;…
1Opinion of the Court
Opinion by
Simpson, C.:
The plaintiff in error filed his petition in the court below, and the material allegations are as follows: That the said defendant, the Junction City Pressed Brick Company, is a corporation created by and existing under and by virtue of the laws of the state of Kansas, and engaged in the business of burning brick, at Junction City in said county; that said plaintiff is now and has been for a long period of time the owner and in the possession of the following-described real estate in the said county of Geary and described as follows, to wit: Special section number 9, and…
2Cases cited6 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Catlin v. ValentineNew York Court of Chancery · 1842
- Whitney v. BartholomewSupreme Court of Connecticut · 1851
- Central Railroad v. EnglishSupreme Court of Georgia · 1884
- Cooper v. RandallIllinois Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
- Helms v. Eastern Kansas Oil Co.Supreme Court of Kansas · 1917
- Berry v. Shell Petroleum Co.Supreme Court of Kansas · 1934
- Mosby v. Manhattan Oil Co.Court of Appeals for the Eighth Circuit · 1931
- McMullen v. JenningsSupreme Court of Kansas · 1935
8 more not listed; retrieve them via the Exa API.