A Span Classsearchtermspan Classsearchtermcollectionspanspan of
A Span Classsearchtermspan Classsearchtermcollectionspanspan of
Joseph Henry Beale
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17, and cases in notes. It has been held, however, that where permanent structures are erected, resulting in injury to adjacent realt}', all dam- ages may be recovered in a single suit. Id. P. 20, and cases in note. But there is much confusion among the authorities which attempt to distinguish between cases where successive actions lie and those in which only one action may be brought. This confusion seems to arise from the different views enter- tained in regard to the circumstances under whic...h the injury suffered by the plaintiff from the act of the defendant shall be regarded as a permanent injurv. "The chief difficulty in this subject concerns acts which result in what effects a per- manent change in the plaintiff's land, and is at the same time a nuisance or trespass. " Sedg. Dam. (8th ed. ) § 94. Some cases hold it to be unreasonable to assume that a nuisance or illegal act will continue forever, and therefore refuse to give entire damages as for a permanent injury, but allow such damages for the continuation of the wrong as accrued up to the date of the bringing of the suit.
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