Brady v. Weeks
New York Supreme Court
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
- Catlin v. ValentineNew York Court of Chancery · 1842
- Waggoner v. JermaineNew York Supreme Court · 1846
- Alexander v. KerrSupreme Court of Pennsylvania · 1828
- Murray v. HayNew York Court of Chancery · 1845
- Blunt v. AikinNew York Supreme Court · 1836
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3Cited by32 opinions
- Heeg v. . LichtNew York Court of Appeals · 1880
- Palmer v. WaddellSupreme Court of Kansas · 1879
- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
- Bushnell v. Robeson & Co.Supreme Court of Iowa · 1883
- Portland v. CookOregon Supreme Court · 1906
27 more not listed; retrieve them via the Exa API.