Gilbert v. Davidson Construction Co.

Citations

• 110 Kan. 298
• 203 P. 1113
• 1922 Kan. LEXIS 36

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Nuisance — Operating Bock Crusher Near Private Residence. The setting up and operating of a rock crusher in the street within forty-three feet of plaintiff’s residence and the consequent throwing of large quantities of dust upon and into the residence, injuring and destroying furniture, clothing and food, was a nuisance.</p> <p>2. Same — Case Tried Solely on Theory That Rock'Crusher Was a Nuisance. The case having been tried and determined on the theory that it was a nuisance and not that the machine was defective or unskillfully operated, there was no necessity to offer evidence or submit the case on the theory that negligence was essential to a recovery other than in the location and operation of the crusher in such close proximity to plaintiff’s home.</p> <p>3. Same — No Prejudicial Error in Instructions. Instructions relating to the duties and liabilities of the parties in the matter are held to be without prejudicial error, and the evidence is deemed to be sufficient to sustain the recovery.</p>