Adams Hotel Co. v. Cobb
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. W. M. Springer, Judge. Action by Benton Cobb against the Adams Hotel Company for damages for maintaining a nuisance. Judgment for plaintiff. Defendant appeals. On August 14, 1895, complaint was filed in this action by plaintiff below, appellee here, against the defendant below, appellant here, in which plaintiff alleged: That he is in lawful possession of a lot in the town of Muscogee, Ind.
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Appeal from the United States Court for the Northern District. W. M. Springer, Judge. Action by Benton Cobb against the Adams Hotel Company for damages for maintaining a nuisance. Judgment for plaintiff. Defendant appeals. On August 14, 1895, complaint was filed in this action by plaintiff below, appellee here, against the defendant below, appellant here, in which plaintiff alleged: That he is in lawful possession of a lot in the town of Muscogee, Ind. T., and in 1890 he erected buildings for a home for himself, wife and children, in which he has resided for nearly five years, and still…
1Opinion of the CourtTownsend, J.
Evidence Hypothetical question. The appellant has filed 13 assignments of error. The first one goes to the admissibility of certain evidence as to the condition of the sewer prior to the institution of the suit, and the second one to the admissibility of the testimony of Drs. Reeves and Thompson as experts to answer the following hypothetical question: “Assuming it to be true that foul water and filth were thrown on or near the premises of a residence in which resided a husband, wife and six children, and which emitted foul and disagreeable odors, and that condition was continued for several…
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