Schneider National Carriers, Inc. v. Bates

How courts have described this case

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

• explaining that it “is a rule of general application” that “future damages cannot be recovered if a permanent injunction issues to abate them”
• noting that although jurors decide material factual disputes about frequency, duration, and extent of nuisance conditions, accrual of limitations is a question of law for the court
• “[a]ssuming that entry of photons, particles, or sound waves can constitute trespass,” a trespass claim accrues once “known injury begins”
• explaining that if an injury to land is temporary, the landowner may recover only lost use and enjoyment that has already accrued, but if the injury is permanent, he may recover lost market value — a figure that reflects all losses from the injury, including future losses
• noting abatement may impact amount of damages that can be awarded
• \A permanent injunction issues only if a party does not have an adequate remedy at law.\

Source: CourtListener parenthetical corpus (CC0).