O'Hara v. Nelson
New Jersey Court of Chancery
This is an application for a preliminary injunction to restrain the defendants from operating an automobile garage because of the noise, odor and danger arising therefrom. The complainants are John Y. O’Hara and Catharine O’Hara, and the appearing defendants are .Bichard J. Nelson and James Bay, and they will herein be called the defendants.
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This is an application for a preliminary injunction to restrain the defendants from operating an automobile garage because of the noise, odor and danger arising therefrom. The complainants are John Y. O’Hara and Catharine O’Hara, and the appearing defendants are .Bichard J. Nelson and James Bay, and they will herein be called the defendants. The complainants are owners in common of a house and lot fronting on Cottage street, in Jersey 0%, and the defendants are the tenants of a recently erected building fronting upon the boulevard in the same city, which building is in use as an automobile…
1Opinion of the Court
Garrison, Y. C.
(after stating facts).
There are three distinct elements charged by the complainants as constituting the nuisance complained of. They complain of noise, of odor and of danger.
The evidence with respect to noise is so slight and the noises complained of were so casual and ordinary in their nature that I shall entirety dismiss this charge from consideration.
With respect to the charge of the emanation of disagreeable odors, I find the situation to> be this: Mr. and Mrs. O’Hara, and their daughter, each testify that at various times they smelled the odor of gasoline coming from the…
2Cases cited4 opinions
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Heeg v. . LichtNew York Court of Appeals · 1880
- Hitchins Bros. v. Mayor of FrostburgCourt of Appeals of Maryland · 1887
- Barnes v. ZettlemoyerCourt of Appeals of Texas · 1901
3Cited by17 opinions
- Actiesselskabet Ingrid v. Central R.Court of Appeals for the Second Circuit · 1914
- Huckleberry v. Missouri Pacific RailroadSupreme Court of Missouri · 1930
- Stone v. . Texas Co.Supreme Court of North Carolina · 1920
- Palacine Oil Co. v. PhilpotSupreme Court of Oklahoma · 1930
- Benton v. KernanNew Jersey Court of Chancery · 1940
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