Legal Opinion

Speir v. . City of Brooklyn

New York Court of Appeals

Decided October 3, 1893PublishedCited by 47 opinions

Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made June 27, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to recover damages for injuries to plaintiff’s premises in the city of Brooklyn, caused by the explosion of a rocket.

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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made June 27, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to recover damages for injuries to plaintiff’s premises in the city of Brooklyn, caused by the explosion of a rocket. One Amatrano obtained a permit from the mayor’s office, Brooklyn, for the discharge of fireworks at the corner of Montague and Clinton streets, adjacent to the Academy of Music in that city, which permit recited that it was granted…

1Opinion of the Court

Andrews, Ch. J.

The finding of the trial judge that the use of the street for the discharge of fireworks, constituted a public nuisance, is amply justified in view of the circum stances. It lias been decided in some cases that the discharge of fireworks in the streets of a city or village, is a nuisance per se, and subjects persons engaged in the transaction to responsibility for any injury to person or property resulting therefrom. (Jenne v. Sutton, 43 N. J. L. 257; Conklin v. Thompson, 29 Barb. 218.) It maybe doubted whether the doctrine in its full breadth can be maintained. The practice of…

2Cases cited2 opinions

  1. Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
  2. Conklin v. ThompsonNew York Supreme Court · 1859

3Cited by47 opinions

  1. Augustine v. Town of BrantNew York Court of Appeals · 1928
  2. De Witt Properties, Inc. v. City of New YorkNew York Court of Appeals · 1978
  3. Melker v. . City of New YorkNew York Court of Appeals · 1908
  4. City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
  5. Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906

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