Bove v. Donner-Hanna Coke Corp.

This action was brought by the plaintiff, the owner of premises situated on the corner of Abbey and Baraga streets in the city of Buffalo, N. Y., to enjoin the defendant from so operating its coke plant on the westerly side of Abbey street as to cause and allow smoke, soot, dirt and gas to pass over and upon plaintiff’s land. The complaint further asks for money damages for injuries claimed to have been occasioned by the alleged nuisance.

The defendant for its answer denies the existence of a nuisance and alleges as a separate defense that the plant has been and is being operated by the…