Dubois v. Budlong
The Superior Court of New York City
I. January, 1863.—Motion for an injunction restraining the defendants from continuing and maintaining a hog-yard, slaughter-house, and fat-boiling house, and forbidding them from herding or slaughtering hogs on their premises in New York city, and from boiling offal thereon. This action was brought by Henry Dubois and others against Jenks Budlong and others.
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I. January, 1863.—Motion for an injunction restraining the defendants from continuing and maintaining a hog-yard, slaughter-house, and fat-boiling house, and forbidding them from herding or slaughtering hogs on their premises in New York city, and from boiling offal thereon. This action was brought by Henry Dubois and others against Jenks Budlong and others. The complaint alleged that the plaintiffs reside adjacent to the defendants’premises; that the neighborhood was densely inhabited, and that Forty-second-street was a public and crowded highway. That in May, 1862, the defendants commenced…
1Opinion of the CourtMonell, J.
The occupation of the defendants’ buildings for the business and purposes charged in the complaint is undoubtedly prima facie a common nuisance, and any person injuriously affected by it may apply to have it abated. (Catlin a. Valentine, 9 Paige, 573; Brady a. Weeks, 3 Barb., 157.) But it is only prima facie so, and it may be shown that such a business can be so conducted and carried on even in a densely populated part of the city as not to endanger or affect the health or interfere with the comfort of the neighboring inhabitants; and when this is shown, the presumption is removed, and the…
2Cases cited2 opinions
- Brady v. WeeksNew York Supreme Court · 1848
- Phœnix v. Commissioners of EmigrationThe Superior Court of New York City · 1855
3Cited by3 opinions
- Stone v. Texas Co.Supreme Court of North Carolina · 1920
- Stone v. . Texas Co.Supreme Court of North Carolina · 1920
- Heeg v. LichtNew York Court of Appeals · 1880