Countryman v. Lighthill
New York Supreme Court
Appeal from a judgment of the Herkimer County Court affirming a justice’s judgment in favor of the plaintiff for six cents damages. Action on the case to recover damages resulting from a nuisance. The plaintiff occupied lands adjoining those occupied by the defendant.
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Appeal from a judgment of the Herkimer County Court affirming a justice’s judgment in favor of the plaintiff for six cents damages. Action on the case to recover damages resulting from a nuisance. The plaintiff occupied lands adjoining those occupied by the defendant. The complaint alleged that the defendant had standing on his premises a maple tree near the boundary line, the branches of which hung over the plaintiff’s premises from five to fifteen feet, and in consequence thereof damaged his garden, and that the defendant refused to trim said tree on being requested by plaintiff to do so.…
1Opinion of the Court
Smith, J.:
"We are not aware of a precedent •for this action, and, upon principle, we think it ought not to be sustained. The rule is well stated in Scott v. Firth (4 Fost. & Fin., 349; S. C., 10 L. T. [N. S.], 240), that to constitute a case of nuisance — i. e., of actionable wrong — there must be not merely a nominal, but such a sensible and real damage as a sensible person if subjected to it would find injurious, regard being had to the situation and mode of occupation of the property. What is a real and sensible inconvenience if in one place, would be none if in another.” In Crowhurst v.…
2Cases cited7 opinions
- Herrick v. StoverNew York Supreme Court · 1830
- Elwell v. M'QueenNew York Supreme Court · 1833
- Lovell v. EvertsonNew York Supreme Court · 1814
- Hyatt v. WoodNew York Supreme Court · 1808
- Stephens v. . WiderNew York Court of Appeals · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Abbinett v. FoxNew Mexico Court of Appeals · 1985