Adams v. . Popham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. . This action was brought to restrain an alleged nuisance. The court found, in substance, that the parties were owners of adjoining premises.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. . This action was brought to restrain an alleged nuisance. The court found, in substance, that the parties were owners of adjoining premises. That the defendant, by the construction upon his premises of a dam across a small stream of water running through the premises of the parties hereto, created a pond of water upon his said premises, about 240 feet from the dwelling-house of the…
1Opinion of the Court
Church, Ch. J.
The findings of the judge establish that the pond made by the defendant by means of a dam across a small stream, although upon the defendant’s premises, was a public nuisance, and that the plaintiff was especially affected by its continuance.
One erecting or maintaining a common nuisance is not liable to an action by a person who has sustained no damage except such as is common to all, but is liable to one who has sustained damage peculiar to himself, and may be restrained in equity from erecting or continuing the nuisance. (Francis v. Schœllkopp, 53 N. Y., 152; Lansing v. Smith,…
2Cases cited3 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- McKeon v. . SeeNew York Court of Appeals · 1873
3Cited by15 opinions
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Wakeman v. . WilburNew York Court of Appeals · 1895
- Holke v. HermanMissouri Court of Appeals · 1901
- Hamlin v. BenderNew York Supreme Court · 1915
- Buchholz v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1896
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