B & R Luncheonette Inc. v. Fairmont Theatre Corp.

The plaintiff is the lessee of store premises and brings this action at law against the defendant owner of the adjoining property to recover damages for an alleged trespass and nuisance. The plaintiff conducts a luncheonette and ice cream parlor in the demised premises and intended to use the rear yard as a summer garden. The plaintiff, however, has been deprived of the use and enjoyment of this portion of the premises by reason of the defendant’s wrongful interference in causing a spray to fall on the yard area from a cooling tower on the roof of the defendant’s theatre. The trespass or…