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Harmful Gases or Fumes; Foul Air

A landowner who negligently allows harmful gases, dust or fumes to escape from his/her own premises will be held liable for injuries thus caused to an adjoining owner.

In Texas Co. v. Brown [i], a woman died as a result of gas explosion when she entered a storm cellar near her residence.  The court held the defendant oil company liable as it found that the gas came from the well of defendant’s company.

In Rinehart v. Stanley Coal Co. [ii], a coal mining company negligently deposited highly inflammable “bug dust” on refuse dump on leasehold, which resulted in noxious smoke, dust and fumes that went over the adjoining land and caused fire.  The court found the company was liable for damages to adjoining property that included crops.

Similarly, in Vaughan v. Bridgham [iii], it was laid down that the neighbor has a right to keep his/her windows open.  Therefore, driving a current of foul air from one’s own building against the windows of his/her neighbor through a ventilating fan was held as nuisance.

 

[i] 82 S.W.2d 1101 (Tex. Civ. App. 1935)

[ii] 112 W. Va. 82 (W. Va. 1932)

[iii] 193 Mass. 392 (Mass. 1907)


Inside Harmful Gases or Fumes; Foul Air