Vestal v. Gulf Oil Corp.

How courts have described this case

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

• recognizing that on an ultimate issue, \the burden rested on the petitioners to plead and prove and secure a jury finding\
• holding that the plaintiff has the bra-den “to plead and prove and secure a jury finding that the use of the ... property ... was unreasonable”
• holding award for discomfort and loss of enjoyment was not claim for personal injuries
• “[T]he burden rested on the [plaintiffs] to ... secure a jury finding that the use of the ... property by the respondent was unreasonable.”
• “Where the injury to realty is temporary, the measure of damages may include recovery for loss of use and enjoyment; but damages for permanent injury comprehends and includes loss of use and enjoyment.”

Source: CourtListener parenthetical corpus (CC0).