Manhattan Gaslight Co. v. Barker
The Superior Court of New York City
This is a motion on the part of the plaintiffs to restrain the defendant, the owner of a distillery in Eighteenth and Nineteenth streets, near the North river, from discharging Ms refuse mash into the common sewer, the waters of which carry said mash into the Hudson or North river, and as the plaintiffs allege, it there sinks to the bottom of the navigable stream, and is thereby a nuisance, and is injurious to navigation and especially injurious to them, the plaintiffs in…
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This is a motion on the part of the plaintiffs to restrain the defendant, the owner of a distillery in Eighteenth and Nineteenth streets, near the North river, from discharging Ms refuse mash into the common sewer, the waters of which carry said mash into the Hudson or North river, and as the plaintiffs allege, it there sinks to the bottom of the navigable stream, and is thereby a nuisance, and is injurious to navigation and especially injurious to them, the plaintiffs in this suit. They also allege that the corporation leased to them the right to collect wharfage on the front of the river…
1Opinion of the CourtMcCunn, J.
First. The plaintiffs assert that certain injuries will result from the use by defendant of the sewer, as alleged by them.
Second. That it involves certain public wrongs or offences against the public, by reason of their being injured in certain privileges they have received from our municipal corporation ; and they claim a right to maintain an action in equity, in their own names, to restrain the defendant from such usurpations, und to prevent and remedy such public wrongs, to wit: the maintaining of a public nuisance. The corporation has not leased to them any thing but the right to collect…
2Cases cited3 opinions
- Clark v. Town of SaybrookSupreme Court of Connecticut · 1851
- Van Kirk v. WildsNew York Supreme Court · 1851
- Redfield v. MiddletonThe Superior Court of New York City · 1860
3Cited by2 opinions
- Hutchins v. SmithNew York Supreme Court · 1872
- Bank of New Orleans v. City of New OrleansSupreme Court of Louisiana · 1857