Conhocton Stone R. v. . B., N.Y. E.R.R. Co.

The exception taken to the denial of the motion for a nonsuit presents the question whether a grantee of real estate, on which a nuisance had been erected, before its conveyance to him, by a previous owner, and which was merely continued as it was at the time he acquired title, can, without any previous notice of its existence, and a request to abate it, be held liable for damages subsequently resulting therefrom, during the continuance of his ownership.

The subject has been fully considered by courts in England and in several of our sister States; and the rule deducible from their decisions…