Kornoff v. Kingsburg Cotton Oil Co.

Summary

The California Supreme Court affirmed a judgment awarding damages to homeowners for a recurring trespass caused by dust, lint, fumes, and waste from an adjacent cotton gin. The court held that, under the circumstances, the plaintiffs could recover past, present, and future damages by treating the trespass as permanent. It also held that occupants may recover for discomfort and annoyance resulting from injury to real property even without personal injury.

Holdings

1. Because defendant's lawfully operated ginning mill could not or need not be abated and the recurrent invasion was treated as permanent in character, plaintiffs could recover damages for past, present, and anticipated future injury in a single action.
2. An occupant of land may recover damages for discomfort and annoyance that are the natural and proximate consequences of a trespassory injury to real property, even without physical personal injury.
3. Plaintiffs' allegations that the comfort and enjoyment of their home had been diminished, that they could not live normally and peacefully, and that use of their shop had been curtailed were sufficient to support damages for discomfort and annoyance.

Questions Presented

1. Whether plaintiffs could recover past, present, and prospective damages in one action for a recurrent trespass caused by defendant's seasonal cotton-ginning operations.
2. Whether occupants of real property may recover damages for discomfort and annoyance caused by a trespassory injury to the property without proof of physical personal injury.
3. Whether plaintiffs' pleading was sufficient to support an award for discomfort and annoyance.

Disposition

affirmed