· 6/18/1915
Louisville & Nashville Railroad v. Messer
Citations
- 165 Ky. 506
- 176 S.W. 1200
- 1915 Ky. LEXIS 535
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the economic loss doctrine does not prevent recovery for economic losses which are “more akin to the decreased value of the product than to loss of profits or time”
- finding the plaintiff had standing to sue based on contamination on their property traceable to the defendant
- finding the plaintiff had standing to sue based on contamination on their property traceable to the defendant
- [D]ischarges in their entirety are not ‘solid waste’ under RCRA if they are subject to the CWA [ ] permit scheme.”
- “A landowner may only recover damages for nuisance, however, for real, substantial, and material injury and not for trifling annoyances and unsubstantiated or unrealized fears.” (internal alterations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Clay
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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