Heeg v. . Licht
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant, -entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant, -entered upon a verdict. (Eeported below, 16 Hun, 257.) This action was brought to recover damages for injuries to plaintiff’s buildings, alleged to have been caused by the explosion of a powder magazine on the premises of defendant ; also to restrain the defendant from manufacturing and storing upon his premises fire-worlts or other explosive substances. The facture sufficiently stated in the opinion. The keeping of gunpowder by respondent in the…
1Opinion of the CourtMiller, J.
This action is sought to be maintained upon the ground that the manufacturing and storing of fireworks, and the use and keeping of materials of a dangerous and explosive character for that purpose, constituted a private nuisance, for which the defendant was liable to respond in damages, without regard to the question whether he was chargeable with carelessness or negligence. The defendant had constructed a powder magazine upon his premises, with the usual safeguards, in which he kept stored a quantity of powder, which, without any apparent cause, exploded and caused the injury complained of.…
2Cases cited6 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Catlin v. ValentineNew York Court of Chancery · 1842
- Hay v. Cohoes Co.New York Supreme Court · 1848
- Brady v. WeeksNew York Supreme Court · 1848
- Pickard v. CollinsNew York Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Melker v. . City of New YorkNew York Court of Appeals · 1908
86 more not listed; retrieve them via the Exa API.