McCarty v. . Natural Carbonic Gas Co.
New York Court of Appeals
Appeal from a. judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 2, 1906, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a. judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 2, 1906, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. In cases of private nuisance the primary question is not the itijury, if any, to the plaintiff, but the right of the defendant to use its own property in the way it is doing; and there is no liability on its part for inj nries arising from a proper use…
1Opinion of the CourtVane, J.
This action was brought to restrain the defendant from so operating its manufactory as to cause smoke, soot and dust emitted from its chimneys to gather and settle about the dwelling house of the plaintiff to liis annoyance and injury.
The trial court found the following facts in substance: For four years prior to the 13th of July, 1904, when this action was commenced, the plaintiff owned certain premises on South Broadway in the village of Saratoga Springs, consisting of a lot of land with a frame dwelling house thereon, known as the “Anna Therese.” Said house is situated in a country…
2Cases cited9 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Johnston Jewels, Ltd. v. LeonardSupreme Court of Connecticut · 1968
- Boomer v. Atlantic Cement Co.New York Court of Appeals · 1970
- People v. RubenfeldNew York Court of Appeals · 1930
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