Heeg v. Licht
New York Court of Appeals
Frank Heeg sued Philip Licht to recover damage for an injury to his premises, caused by an explosion of a powder magazine, belonging to the defendant. The defendant’s buildings were about one hundred and seventy-five feet from the plaintiff’s premises, and were used for making and storing fireworks.
Read the full summary
Frank Heeg sued Philip Licht to recover damage for an injury to his premises, caused by an explosion of a powder magazine, belonging to the defendant. The defendant’s buildings were about one hundred and seventy-five feet from the plaintiff’s premises, and were used for making and storing fireworks. The action was sought to be maintained upon the ground that the manufacturing and storing of fireworks, and the use and keeping of materials' of a dangerous and explosive nature for that purpose, constituted a private nuisance, for which the defendant was liable to respond in damages, without…
1Opinion of the CourtMiller, J.
[After reciting the facts.]—We think that the charge was erroneous and not warranted by the facts presented upon the trial. The defendant had erected a building and stored materials therein, which from their character were liable to and actually did explode, causing injury to the plaintiff. The fact that the explosion took place tends to establish that the magazine was dangerous and liable to cause injury to the property of those residing in the vicinity.
The legality of works of this description must depend upon the neighborhood in which they are situated. In a city, with buildings…
2Cases cited7 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Catlin v. ValentineNew York Court of Chancery · 1842
- Hay v. Cohoes Co.New York Supreme Court · 1848
- Farrand v. MarshallNew York Supreme Court · 1855
- People v. SandsNew York Supreme Court · 1806
2 more not listed; retrieve them via the Exa API.