Legal Opinion

Brady v. Weeks

New York Supreme Court

Decided May 19, 1848PublishedCited by 32 opinions

This was an application for an injunction, founded upon the bill filed in the suit, to restrain the defendants from occupying a building erected by the defendant Weeks on the north side of Twelfth-street, between the Fifth and Sixth Avenues, in the city of New-York, as a slaughter house, and from slaughtering any animals in such building, or from permitting the building to be used as a slaughter house.

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This was an application for an injunction, founded upon the bill filed in the suit, to restrain the defendants from occupying a building erected by the defendant Weeks on the north side of Twelfth-street, between the Fifth and Sixth Avenues, in the city of New-York, as a slaughter house, and from slaughtering any animals in such building, or from permitting the building to be used as a slaughter house. The bill was filed by several owners of dwelling houses in the neighborhood of the slaughter house; who alleged therein, that the slaughter house was a . nuisance to them and their dwellings.…

1Opinion of the CourtPaige, J.

In the case of Catlin and others v. Valentine, (9 Paige, 575,) the chancellor held, that the occupation of a building in a city, as a slaughter house, was prima facie a nuisance to the neighboring inhabitants, and might be restrained by injunction. And in that case he refused to dissolve the injunction, and retained it until the hearing ; although the defendant, in his answer, denied that a slaughter house was a nuisance. To constitute a nuisance, it is not necessary that the noxious trade or business should endanger the health of the neighborhood. It is sufficient if it produces that which…

2Cases cited7 opinions

  1. Catlin v. ValentineNew York Court of Chancery · 1842
  2. Waggoner v. JermaineNew York Supreme Court · 1846
  3. Alexander v. KerrSupreme Court of Pennsylvania · 1828
  4. Murray v. HayNew York Court of Chancery · 1845
  5. Blunt v. AikinNew York Supreme Court · 1836

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3Cited by32 opinions

  1. Heeg v. . LichtNew York Court of Appeals · 1880
  2. Palmer v. WaddellSupreme Court of Kansas · 1879
  3. Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
  4. Bushnell v. Robeson & Co.Supreme Court of Iowa · 1883
  5. Portland v. CookOregon Supreme Court · 1906

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