Cogswell v. New York, New Haven & Hartford Railroad
New York Court of Appeals
Appeal from judgment of superior court of the city of New York, general term.
1Opinion of the CourtAndrews, J.
We are relieved, by the findings of the trial judge, from any question as to the sufficiency of the evidence to establish that the engine-house, as used by the defendant, constitutes, under the general rule of law, a private nuisance to the property of the plaintiff. The compromise exacted by the necessities of the social state, and the fact that some inconvenience to others must of necessity often attend the ordinary use of property, without permitting which there could in many cases be no valuable use-at all, have compelled the recognition in all systems of jurisprudence of the principle…
2Cases cited7 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
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3Cited by26 opinions
- Louisville & Nashville Terminal Co. v. LellyettTennessee Supreme Court · 1904
- District of Columbia v. TottenCourt of Appeals for the D.C. Circuit · 1925
- Nelson v. McKenzie-hague Co.Supreme Court of Minnesota · 1934
- Chicago G. W. Ry. Co. v. First Methodist Episcopal Church of Leavenworth CityCourt of Appeals for the Eighth Circuit · 1900
- Terminal Co. v. JacobsTennessee Supreme Court · 1902
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