Doellner v. Tynan
The Superior Court of New York City
This action was brought to obtain a perpetual injunction restraining the defendant from carrying on the business of a blacksmith in and upon the premises known as No. 201 Ninth street, in this city. The plaintiff is the owner and occupier of the adjoining building, known as No. 203 Ninth street. Upon the first floor and in the basement of the plaintiff’s building he carries on the business of a dealer in pianoforte materials, and of covering pianoforte hammers with felt.
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This action was brought to obtain a perpetual injunction restraining the defendant from carrying on the business of a blacksmith in and upon the premises known as No. 201 Ninth street, in this city. The plaintiff is the owner and occupier of the adjoining building, known as No. 203 Ninth street. Upon the first floor and in the basement of the plaintiff’s building he carries on the business of a dealer in pianoforte materials, and of covering pianoforte hammers with felt. The upper stories are occupied by the plaintiff as a residence for himself and family. He purchased the premises in…
1Opinion of the CourtMonell, J.
I am not justified by the evidence in this case, in finding that the value of the real estate of the plaintiff has been depreciated by the defendant’s business. For the purposes of a residence for a private family, there can be no doubt its value has been materially lessened; but in the market, for a business not materially affected by the annoyances which proceed from the defendant’s shop, or for any other suitable purpose, the weight of the evidence shows that the value of the property has rather increased than depreciated since the erection of the defendant’s building. But I am justified…
2Cases cited4 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Barrow v. RichardNew York Court of Chancery · 1840
- Catlin v. ValentineNew York Court of Chancery · 1842
- Williams v. New-York Central RailroadNew York Supreme Court · 1854
3Cited by11 opinions
- Blagen v. SmithOregon Supreme Court · 1899
- Bove v. Donner-Hanna Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1932
- Perrin v. Crescent City Stockyard & Slaughterhouse Co.Supreme Court of Louisiana · 1907
- East St. Johns Shingle Co. v. City of PortlandOregon Supreme Court · 1952
- Hamlin v. BenderNew York Supreme Court · 1915
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