Meeker v. Van Rensselaer
New York Supreme Court
This was an action on the case tried at the Albany circuit in March, 1833, before the Hon. James Vanderpoel, one of the circuit judges. The declaration charged the defendant with pulling down five dwelling houses. On the trial it appeared that the dwelling houses consisted of one building, originally erected as a tan-house, 70 feet long, 12 feet high, which was divided into five apartments.
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This was an action on the case tried at the Albany circuit in March, 1833, before the Hon. James Vanderpoel, one of the circuit judges. The declaration charged the defendant with pulling down five dwelling houses. On the trial it appeared that the dwelling houses consisted of one building, originally erected as a tan-house, 70 feet long, 12 feet high, which was divided into five apartments. These apartments, during the summer of 1832, while the Asiatic cholera prevailed in Albany, were inhabited, as one witness stated; by between 40 and 50, and as another stated, by between 60 and 80 Irish…
1Opinion of the Court
By the Court,
Savage, C. J.
It was not denied upon the trial that the building torn down was a common nuisance, nor was it upon the argument. It may not be improper, however, to refer to the casias collected in Bacon’s Abr. tit. Nuisance, to see what has been adjudged a nuisance. It may be proper to remark that a nuisance is an annoyance ; any thing that worketh hurt, inconvenience or damage. Jacob’s Law Diet. It is a common nuisance indictable to divide a house in a town for poor people to inhabit in, by reason whereof it will be more dangerous in the time of sickness and infection of the…
2Cited by24 opinions
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- Baumgartner v. HastyIndiana Supreme Court · 1885
- Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
- In Matter of Petition of CheesebroughNew York Court of Appeals · 1879
- City of Rapid City v. BolandSouth Dakota Supreme Court · 1978
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