Lasala v. Holbrook
New York Court of Chancery
This was an application to dissolve or modify an injunction Which had been granted by the injunction master- of the first circuit. The bill stated that the complainants were seized of certain lots in the city of New-York, adjoining Ann street, on which Christ’s church stands; which church was erected thereon more than thirty-eight years since.
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This was an application to dissolve or modify an injunction Which had been granted by the injunction master- of the first circuit. The bill stated that the complainants were seized of certain lots in the city of New-York, adjoining Ann street, on which Christ’s church stands; which church was erected thereon more than thirty-eight years since. That the defendant was the owner of a lot lying west of the lots on which the church was built, and extending to within six feet of the west side of the church. That the defendant had commenced the erection of a building on his lot, which was intended…
1Opinion of the Court
The Chancellor.
I can readily believe, from the nature of the soil and from the great depth of the defendant’s intended excavation below the foundation of the church, that the complainants’ fears for the safety of their building are not entirely groundless; although the defendant alleges in his answer, and undoubtedly supposes there is no danger of serious injury to the walls of the church from the proceedings of his workmen. It is not, however, alleged in the complainants’ bill that the defendant is proceeding to improve his property in an unreasonable, or unusual manner, or with any…
2Cases cited2 opinions
- Panton v. HollandNew York Supreme Court · 1819
- Story v. OdinMassachusetts Supreme Judicial Court · 1815
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- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
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