Smith v. Ingersoll-Sergeant Rock-Drill Co.
New York Court of Common Pleas
Action by James B. Smith against the Ingersoll-Sergeant Rock-Drill Company to restrain defendant’s use upon its premises of a steam hammer of excessive size, from the operation of which plaintiff’s adjoining building was rendered unfit for the purposes of trade and manufacture, to which it had been devoted, and for damages for alleged injuries to plaintiff’s building, and the machinery therein, from the past operation of the hammer. Judgment for plaintiff.
1Opinion of the CourtBischoff, J.
It is equally a nuisance whether the resultant injury to, or interference with, the beneficial enjoyment of the premises of one person arises from the negligent use of another’s adjoining premises for an authorized purpose, or from the cautious use of the last-mentioned premises for an unauthorized purpose. That the complaint alleged the nuisance complained of to be due to the negligent operation of a steam hammer upon the defendant’s premises did not, therefore, necessarily render this action one for negligence. Hence, proof that the injury to and interference with plaintiff’s premises arose…
2Cases cited4 opinions
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Cranford v. . Tyrrell.New York Court of Appeals · 1891
- McKeon v. . SeeNew York Court of Appeals · 1873
- Van Allen v. New York Elevated RailroadNew York Court of Common Pleas · 1893
3Cited by3 opinions
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
- McGuire v. BloomingdaleNew York Court of Common Pleas · 1894
- People v. BinkAppellate Division of the Supreme Court of the State of New York · 1912