Flynn v. . Taylor
New York Court of Appeals
■ Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 28,1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This was an action to recover damages for creating a nuisance, and to restrain its further continuance.
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■ Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 28,1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This was an action to recover damages for creating a nuisance, and to restrain its further continuance. Sackett street is a public street in the city of Brooklyn, sixty feet in width, and used by several thousands of pedestrians every day. During and prior to the year 1887 the defendant owned a parcel of land with a frontage of about 140 feet on…
1Opinion of the CourtYaw, J.
The owner of land abutting upon a public street is permitted to encroach on the primary right of the public to a limited extent and for a temporary purpose, owing to the necessity of the case. Two facts, however, must exist to render the encroachment lawful :
1. The obstruction must be reasonably necessary for the transaction of business;
2. It must not unreasonably interfere with the rights of the public. (Callanan v. Gilman, 107 N. Y. 360; Welsh v. Wilson, 101 id. 254.)
The foundation upon "which the exception seems to rest is that it is better for the public to suffer a slight inconvenience…
2Cases cited8 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Corning v. LowerreNew York Court of Chancery · 1822
- Hudson v. . CarylNew York Court of Appeals · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- 532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.New York Court of Appeals · 2001
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
- Lewisburg & N. R. v. HindsTennessee Supreme Court · 1915
- Graceland Corp. v. Consolidated Laundries Corp.Appellate Division of the Supreme Court of the State of New York · 1958
- Hatfield v. . StrausNew York Court of Appeals · 1907
33 more not listed; retrieve them via the Exa API.