Adv Pos and Nuisance Cases

Question 1

Brown v. Gable (W. Va. 1996)

Answer 1

Facts: Land within fence of neighbors, color of title, plaintiff sued for ejection and defendant countersued for adverse possession

Holding: There was enough evidence to show adverse possession to the jury - good example of all the elements

Question 2

Dobbs v. Wiggins

Answer 2

Facts: Wiggins raised bird dogs on his property, noise from barking got to be overwhelming for the neighbors. Circuit court told him he could only have 6 dogs on the southmost side of his property.

Holding: The plaintiffs presented sufficient evidence for the circuit court to find the elements necessary to conclude that the barking dogs from the Wiggins property constituted a nuisance

Question 2

Page County Appliance Center, Imc. v. Honeywell, Inc.

Answer 2

Issue: Honeywell made a computer that ITT was renting out, it interfered with the reception for the TV’s sold in AC’s store. Court entered judgment for AC and ordered full indemnification for Honeywell to ITT

Rule/Holding: A person liable for a nuisance can’t escape liability even if they use the highest degree of care to minimize/eliminate the nuisance