Holroyd v. Sheridan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Holroyd, from a judgment of the Supreme Court in favor of the defendant Thomas Sheridan, entered in the office of the clerk of the county of Saratoga on the 11th day of October, 1899, upon the dismissal of the complaint upon the merits as against the defendant Sheridan, by direction of the court after a trial before the court and a jury at the Saratoga Trial Term, and also from so much bf a judgment entered in said clerk’s office on the 12th day…
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Appeal by the plaintiff, Mary Holroyd, from a judgment of the Supreme Court in favor of the defendant Thomas Sheridan, entered in the office of the clerk of the county of Saratoga on the 11th day of October, 1899, upon the dismissal of the complaint upon the merits as against the defendant Sheridan, by direction of the court after a trial before the court and a jury at the Saratoga Trial Term, and also from so much bf a judgment entered in said clerk’s office on the 12th day of October, 1899, as dismissed the complaint upon the merits as to said defendant. Upon December 18,1896, the defendant…
1Opinion of the Court
Smith, J.:
That these premises were leased by Sheridan to Dwyer is admitted by the pleadings. If, then, the existence of this structure with the doors swinging over the walk constitutes a nuisance, the defendant Sheridan is liable equally with the defendant Dwyer. (McGrath v. Walker, 64 Hun, 179; Timlin v. S. O. Co., 126 N. Y. 514.)
That this construction constitutes prima facie a nuisance seems to us clear. It hazarded the use of the sidewalk by those who had a right to its free use without peril. Whether the injury occurred by negligently permitting the wind to blow open the doors or by…
2Cases cited4 opinions
- Congreve v. . SmithNew York Court of Appeals · 1858
- Timlin v. Standard Oil Co.New York Court of Appeals · 1891
- Tinker v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1898
- McGrath v. WalkerNew York Supreme Court · 1892
3Cited by5 opinions
- Ramme v. . Long Island R.R. Co.New York Court of Appeals · 1919
- Rief v. Mountain States Telephone & Telegraph Co.Idaho Supreme Court · 1941
- Hubbs v. SchwaneflugelAppellate Division of the Supreme Court of the State of New York · 1903
- Artz v. ToddNew York Supreme Court · 1948
- Hubbs v. SchwaneflugelAppellate Division of the Supreme Court of the State of New York · 1903