Legal Opinion
Nicoll v. President & Trustees of the Village of Ossining
New York Supreme Court
Decided March 5, 1927PublishedCited by 3 opinions
1Opinion of the CourtMorschauser, J.
The usual difficulty which confronts the officials of municipalities in regard to the disposal of garbage is the cause of this litigation. The garbage disposal plant was erected and the incinerator operated by the defendants.
The testimony in the case is quite sufficient to satisfy me that the operation of the incinerator is a nuisance. Aside, however, from the testimony offered herein, the visitation to the plant and its vicinity at different times satisfy me that the incinerator is *849operated in such a manner that the noxious odors and flaky particles from the burned materials reach the…
2Cases cited9 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
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3Cited by3 opinions
- Peters v. MosesNew York Supreme Court · 1939
- Stoneburner v. O-Gas-Co. Sales Corp.New York Supreme Court · 1929
- Mathewson v. New York State Thruway AuthorityNew York Supreme Court · 1959