Elias v. Sutherland
New York Supreme Court
Motion for an in junction pendente lite. William M. Elias brought this action against Victoria Sutherland and others to restrain them from exhibiting their hair in the premises occupied by them on Fourteenth street, in the city of New York.
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Motion for an in junction pendente lite. William M. Elias brought this action against Victoria Sutherland and others to restrain them from exhibiting their hair in the premises occupied by them on Fourteenth street, in the city of New York. By the complaint, and affidavits in support of the motion, it appeared that plaintiff occupied the basement of premises in Fourteenth street, dealing in statuary, art products, and curios; that defendants rented the floor above his premises for the business of manufacturing and selling a mixture called “ Seven Sutherland Sisters’ Hair Grower;” that some…
1Opinion of the CourtBarrett, J.
The question is whether the defendants are. making a reasonable or an unreasonable use of their premises.; *128If unreasonable, and a public nuisance results, with special damage to the plaintiff, they should be enjoined.
Great caution should be exercised in this class of cases, and the court should not lightly interfere with the free use of business premises. People have a perfect right to make their windows as attractive as possible, and no one can justly complain of lawful and proper devices to induce custom. Nor can people complain of the inconveniences resulting from business success. There…
2Cases cited10 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Welsh v. . WilsonNew York Court of Appeals · 1886
- Bliss v. . JohnsonNew York Court of Appeals · 1883
- Jessen v. SweigertCalifornia Supreme Court · 1884
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3Cited by2 opinions
- Shaw's Jewelry Shop, Inc. v. New York Herald Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Obradowitz v. OdellAppellate Division of the Supreme Court of the State of New York · 1916