Topic: a permanent nuisance claim accrues when injury first occurs… · Go Syfert
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Topic #9337

7 canonical passages across 5 cases, quoted by 40 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Schneider National Carriers, Inc. v. Bates.

#Case FlagCanonical passage Citers
1 Schneider National Carriers, Inc. v. Bates Anchor
tex · 2004
green “a permanent nuisance claim accrues when injury first occurs or is discovered; a temporary nuisance claim accrues anew upon each injury.” 12
2 Schneider National Carriers, Inc. v. Bates
tex · 2004
green “sporadic and contingent upon some irregular force such as rain.” 6
3 Murray v. San Jacinto Agency, Inc.
tex · 1991
green “generally, the question of the plaintiff's diligence in effecting service is one of fact, and is determined by examining the time it took to secure citation, service, or both, and the type of effort or lack of effort the plaintiff expended in procuring service.” 6
4 Murray v. San Jacinto Agency, Inc.
tex · 1991
green “it is the plaintiff's burden to present evidence regarding the efforts that were made to serve the defendant, and to explain every lapse in effort or period of delay.” 6
5 Belleza-Gonzalez v. Villa
texapp · 2001
green “when an agreement between attorneys or parties delays an appellant from obtaining service on appellees, that agreement must meet the requirements of rule 11.” 4
6 Holt v. D'Hanis State Bank
texapp · 1999
green “relevant inquiry is whether the plaintiff acted as an ordinarily prudent person would have acted under the same or similar circumstances and was diligent up until the time the defendant was served.” 3
7 Graham v. Pirkey
texapp · 2006
green “a permanent nuisance claim accrues when injury first occurs or is discovered; a temporary nuisance claim accrues anew upon each injury.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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