Helms v. Eastern Kansas Oil Co.

Citations

• 102 Kan. 164
• 169 P. 208
• 1917 Kan. LEXIS 242

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oil Repinery — Escaping Oil and Poisonous Substances — Material Injury to Another — Nuisance. If the ownex of a xefinery permits oil, refuse and poisonous substances in large quantities to escape from the refinery and flow over and upon the land of his neighbor, causing material injury to the neighbor, the use of the refinery will be deemed to be unreasonable and to constitute a nuisance.</p> <p>2. Same — Conducting Lawful Business — Liability for Damages to Adjoining Property. The fact that the business of the refinery is in itself a lawful one, and that the owner of it operates it carefully, will not exempt him from liability for casting oil, refuse and poisonous substances on the land of the plaintiff in such quantities as to cause him substantial injury.</p> <p>3. Same — Injury to Adjoining Property — Measure of Damages. The liability of the defendant in such a case is measured by the rules in relation to a nuisance instead of those governing cases of negligence.</p>