Section 36 Nuisance

• Library: Damages 2012

The following cases discuss damages for nuisance:

· Hanes v. Cont’l Grain Co., 58 S.W.3d 1 (Mo. App. E.D. 2001). A jury’s award of damages was upheld in a temporary nuisance suit against a hog farm operator for odor, flies, and contaminated water. The court also noted that occupants of a home could recover under a temporary nuisance action because the damages are for personal injuries inflicted on the person occupying the property.

· Maryland Heights Leasing, Inc. v. Mallinckrodt, 706 S.W.2d 218 (Mo. App. E.D. 1985). In a nuisance case, compensation for the loss or injury is the measure of damages. Lost profits are compensable. For a permanent nuisance, the measure of damages for injury to land is the diminution in market value. For a temporary, or abatable nuisance, the measure of damages is the depreciation of the land’s rental or usable value during the...