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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.