Rosenheimer v. Standard Gas Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Standard Gas Light Company,, from a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of New York on the 12th day of December, 1898, upon the decision of the court,, rendered after a trial at the New York Special Term, enjoining and restraining the defendant from so operating its gas works as to emit noxious or offensive odors upon or into plaintiff’s premises, or to-suffer such odors to be…
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Appeal by the defendant, The Standard Gas Light Company,, from a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of New York on the 12th day of December, 1898, upon the decision of the court,, rendered after a trial at the New York Special Term, enjoining and restraining the defendant from so operating its gas works as to emit noxious or offensive odors upon or into plaintiff’s premises, or to-suffer such odors to be carried from its works or premises to plaintiff’s premises, and from so operating and conducting its gas works-as to…
1Opinion of the Court
Barrett, J.:
The plaintiff is the owner in fee of four lots of land, with the-buildings thereon erected, on the northerly side of One Hundred and Sixteenth street, between Pleasant avenue and the Harlem *483river, in the city of New York. Upon the opposite side of this street are the defendant’s gas works, which occupy a large part of the two blocks immediately south of the plaintiff’s premises. On the 9th day of December, 1893, the plaintiff acquired title to these four lots from his wife, Louisa Rosenheimer. From the 3d day of January, 1881, to the 9th day of December, 1893, Mrs. Rosenheimer was…
2Cases cited3 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Clarke v. Rochester, Lockport & Niagara Falls RailroadNew York Supreme Court · 1854
- Rosenheimer v. Standard Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Moon v. National Wall-Plaster Co. of AmericaNew York Supreme Court · 1900
- Tucker v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1905