Rosenheimer v. Standard Gas Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. The Standard Gas Light Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of January, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of January, 1898, denying the defendant’s motion for á new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
It is sought in this, action to recover damages for injuries resulting from the maintenance of a nuisance on the defendant’s, property. On the trial the plaintiff had a verdict, from the judgment entered upon which and from an order denying a motion for a new trial the defendant appeals. The important question presented is that of the defendant’s liability, the plaintiff’s contention in that regard being, that the use or manner. of use of the defendant’s property constitutes a private nuisance; while the defendant insists that such use is authorized by law, does not exceed what…
2Cases cited11 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Fish v. DodgeNew York Supreme Court · 1847
- Chapman v. . City of RochesterNew York Court of Appeals · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dixon v. New York Trap Rock Corp.New York Court of Appeals · 1944
- Terrell v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1909
- Ohio Stock Food Co. v. GintlingOhio Court of Appeals · 1926
- Andrews v. PerryNew York Supreme Court · 1926
- Roscoe Lumber Co. v. Standard Silica Cement Co.Appellate Division of the Supreme Court of the State of New York · 1901
12 more not listed; retrieve them via the Exa API.