Hudson v. Peavey Oil Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that what a plaintiff knew or should have known in trespass action could not be decided as a matter of law where there was conflicting evidence on that issue
• no strict liability where evidence did not show that the risk of seepage from underground gasoline tanks could not be eliminated by reasonable care
• permanent in the sense that injury was likely to persist for an undetermined but significant period of time
• liability for trespass will not be imposed for an unintentional trespass unless it arises out of defendant’s negligence or an ultrahazardous activity
• permanent in the sense that injury was likely to persist for an undetermined but significant period of time
• “Temporary injury *** justifies damages measured by the loss of use or rental value during the period of the injury[.]”

Source: CourtListener parenthetical corpus (CC0).