Bohan v. Port Jervis Gaslight Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 2, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict, and denied a motion for a new trial upon the minutes. This action was brought to recover damages for the maintenance by defendant of an alleged nuisance upon its premises and to restrain its continuance.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 2, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict, and denied a motion for a new trial upon the minutes. This action was brought to recover damages for the maintenance by defendant of an alleged nuisance upon its premises and to restrain its continuance. The amended complaint, after setting out the incorporation of the defendant and that it was, and for several years prior to the commencement of the action had been, engaged in the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The plaintiff made no complaint of the existence of a nuisance upon defendant's property prior to 1880, when defendant first introduced the use of naphtha in the manufacture of its gas, and it was a disputed question on the trial, upon which there was a strong conflict of testimony, whether the smells from the defendant's works,…
2Cases cited17 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
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3Cited by95 opinions
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Richards v. Washington Terminal Co.Supreme Court of the United States · 1914
- Forster v. . ScottNew York Court of Appeals · 1893
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- Tenement House Department v. . McDevittNew York Court of Appeals · 1915
90 more not listed; retrieve them via the Exa API.