Legal Opinion

Corning v. Lowerre

New York Court of Chancery

Decided December 7, 1822PublishedCited by 41 opinions

BILL for an injunction to restrain the defendant from obstructing Vestry-street, in the city of JYew-Yorh, and averring that he was building a house upon that street, to the great injury of the plaintiffs, as owners of lots on and adjoining that street, and that Vestry-street has been laid out, regulated, and paved, for about twenty years.

1Opinion of the Court

The Chancellor

distinguished this case from that of The Attorney General v. The Utica Insurance Company, (2 Johns. Ch. Rep. 371.) inasmuch as here was a special grievance to the plaintiffs, affecting the enjoyment of their property, and the value of it. The obstruction was not only a common or public nuisance, but worked a special injury to the plaintiffs.

Injunction granted.

2Cited by41 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Irwin v. DixionSupreme Court of the United States · 1850
  3. Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
  4. Ross v. ThompsonIndiana Supreme Court · 1881
  5. Milhau v. . SharpNew York Court of Appeals · 1863

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