State Ex Rel. Smith v. Kermit Lumber & Pressure Treating 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 public nuisance action ordinarily seeks abatement of a harm affecting public health and safety
• explaining that public nuisance action ordinarily seeks abatement of a harm affecting public health and safety
• recognizing that “ ‘[i]t has been said that a temporary nuisance is one where there is but a temporary interference with the use and enjoyment of property, and that, if a nuisance is a use which may be discontinued at any time, it is considered continuing in character” ’
• stating “[a] public 19 nuisance action usually seeks to have some harm which affects the public health and safety abated.”
• preserving common law distinction of dividing actions into three classes and establishing limitations of actions based on those distinctions, despite 162 W.Va. 116, 246 S.E.2d 270 (1978) (limiting private employer’s right to discharge an at-will employee
• preserving common law distinction of dividing actions into three classes and establishing limitations of actions based on those distinctions, despite 162 W.Va. 116, 246 S.E.2d 270 (1978) (limiting private employer’s right to discharge an at-will employee

Source: CourtListener parenthetical corpus (CC0).