Clawson v. Primrose
Court of Chancery of Delaware
Bill for Injunction.—It appeared that the complainant was the owner and occupier of a dwelling house, situated in the town of Smyrna, and adjoining on the Northerly side an unimproved lot of the defendant. In the complainant’s house were several windows overlooking the defendant’s lot and through which light and air were received into the house.
Read the full summary
Bill for Injunction.—It appeared that the complainant was the owner and occupier of a dwelling house, situated in the town of Smyrna, and adjoining on the Northerly side an unimproved lot of the defendant. In the complainant’s house were several windows overlooking the defendant’s lot and through which light and air were received into the house. At what precise time these windows were opened did not appear : but it was proved that they had been in their present condition, and used by the successive owners and occupiers of the dwelling house for a period of over thirty-five years past. The…
1Opinion of the Court
The Chancellor :—
Two preliminary objections were taken to the relief sought by the bill. One of them was this : that, even, conceding to the complainant, the right claimed, to receive light and air over the defendant’s lot, yet, that the proposed obstruction will not impair his enjoyment of the dwelling house in such degree as to warrant the interference of a court of equity, but that he should be left to seek redress in damages at law. The rule on this point as first announced by Lord Eldon, in Attorney General vs. Nichol, 16 Ves. Jr. 337, and followed in all subsequent cases is, that a…
2Cases cited6 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Mahan v. BrownNew York Supreme Court · 1835
- Cherry v. SteinCourt of Appeals of Maryland · 1858
- Pierre v. FernaldSupreme Judicial Court of Maine · 1847
- Gerber v. GrabelIllinois Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lane v. LaneSupreme Court of Delaware · 1903
- Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc.District Court of Appeal of Florida · 1959
- Sobolewski v. GermanSuperior Court of Delaware · 1924
- Bringhurst v. O'DonnellCourt of Chancery of Delaware · 1924
- Kunz v. KurtzCourt of Chancery of Delaware · 1899
7 more not listed; retrieve them via the Exa API.