Knox v. Mayor of New York
New York Supreme Court
THIS was a suit in equity, brought by the plaintiff for the abatement and removal of an alleged public nuisance, claimed by the plaintiff' to be specially injurious to himself. The alleged nuisance was a bridge across Broadway, at the junction with Fulton street, in the city of Hew York.
Read the full summary
THIS was a suit in equity, brought by the plaintiff for the abatement and removal of an alleged public nuisance, claimed by the plaintiff' to be specially injurious to himself. The alleged nuisance was a bridge across Broadway, at the junction with Fulton street, in the city of Hew York. The plaintiff* was lessee for a term of years‘of certain premises situated on the corner of Broadway and Fulton streets, upon which he had erected a building at an expense of $75,000, which building' was occupied in part by the plaintiff as a store, and in part it had been leased out to, and was occupied by,…
1Opinion of the CourtDaniels, J.
In the outset of the trial, the defendant objected that the plaintiff* could not maintain this action for the abatement of the structure in controversy as a nuisance, because he did not own an estate in fee in the premises affected by it, and authorities were produced showing that such was the rule which prevailed in courts'of law upon this subject. Under that rule the plaintiff’s remedy at law, as a tenant merely, would be that of a special action on the case, as it was called before the Code, for the recovery of damages. And such actions could be brought if the plaintiff should prove to be…
2Cases cited6 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Catlin v. ValentineNew York Court of Chancery · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ross v. ThompsonIndiana Supreme Court · 1881
- City of Emporia v. HumphreySupreme Court of Kansas · 1931
- State v. KeanSupreme Court of New Hampshire · 1896
- Pulitzer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Thomann v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1930
17 more not listed; retrieve them via the Exa API.