Rowland v. Miller
The Superior Court of the City of New York and Buffalo
Action by Mary Eliza Rowland against Charles Miller and the Taylor Company to enjoin the use of certain premises for a purpose alleged to be “injurious and offensive to the neighboring inhabitants.”
1Opinion of the CourtMcAdam, J.
The parties derive title from the same common source, and subject to a covenant which forbids the use of the property for any trade or business “injurious or offensive to the neighboring inhabitants.” The defendant, the Taylor Company, under alease from the owner, the co-defendant. Miller, uses the premises on the south-east corner of Madison avenue and Forty-Third street, adjoining the plaintiff’s residence, as an undertaker’s establishment for the sale of caskets and furnishing goods for funerals, also for embalming bodies, for autopsies and post mortem examinations, the cutting and…
2Cases cited11 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
- Hamilton v. WhitridgeCourt of Appeals of Maryland · 1857
- Coates v. Mayor, Aldermen, & Commonalty of New YorkNew York Supreme Court · 1827
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3Cited by2 opinions
- Nashville, C. & St. L. Ry. v. YarbroughSupreme Court of Alabama · 1915
- Rowland v. MillerThe Superior Court of the City of New York and Buffalo · 1892