Bly v. Edison Electric Illuminating Co. of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Edison Electric Illuminating Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 31st day of January, 1900, upon the decision of the court, rendered after a ¡trial at the New York Special Term, directing an injunction restraining the defendant from operating its power house to plaintiff’s nuisance and awarding damages to the plaintiff, with notice…
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Appeal by the defendant, The Edison Electric Illuminating Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 31st day of January, 1900, upon the decision of the court, rendered after a ¡trial at the New York Special Term, directing an injunction restraining the defendant from operating its power house to plaintiff’s nuisance and awarding damages to the plaintiff, with notice of an intention to bring' up for review upon auch appeal an order entered in said clerk’s office on the 24th day of…
1Opinion of the Court
O’Brien, J.:
' A clear statement of what constitutes a nuisance for which relief may be had is given in the case of Booth v. R., W. & O. T. R. R. Co. (140 N. Y. 277), wherein it is said : “ Whether a particular act or thing' constitutes a nuisance may depend on the circumstances and surroundings. The use of premises for mechanical or other purposes, causing great noise, disturbing the peace and quiet of those living in the vicinity, and rendering life uncomfortable, or filling the-air with noxious vapors or causing vibration of the neighboring d wellings, constitute nuisances, and such use is…
2Cases cited7 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Booth v. Rome, Watertown & Ogdensburg Terminal RailroadNew York Court of Appeals · 1893
- Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
- Rosenheimer v. Standard Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Kernochan v. New York Elevated RailroadNew York Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Miller v. Edison Electric Illuminating Co.New York Court of Appeals · 1906
- Cassel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
- Beuchamp v. Excelsior Brick Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Bly v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Dumois v. Mayor of New YorkNew York Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.