Davis v. . Niagara Falls Tower Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 17, 1900, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. , The facts established in this case do not show that the defendant created or maintains a nuisance.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 17, 1900, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. , The facts established in this case do not show that the defendant created or maintains a nuisance. (Booth v. R., W. & O. R. R. Co., 140 N. Y. 267.) There being no controversy over the facts in this case, the question presented becomes one of law, and this court is to say…
1Opinion of the CourtCullen, J.
The plaintiffs and the defendant are owners of adjacent properties on a street called the Eiverway, in the city of Niagara Falls. The plaintiffs have constructed on their land a building used for a museum, with large skylights in the roof. The defendant has built on its land a hotel and a tower or observatory. This tower is about two hundred feet high, and is constructed of an open iron framework with braces and cross girders. At the top of the tower there is an observatory. Visitors are carried to and from the observatory by elevators. The whole structure is several feet within the limits of…
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