City of Yonkers v. Federal Sugar Refining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Federal Sugar Befining Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 21st day of October, 1908, upon the report of a referee.
1Opinion of the Court
Burr, J.:
This action is brought to enjoin the maintenance of a nuisance. The particular act of the defendant complained of is causing or allowing “ black sihoke, soot, dust and cinders to escape from its smokestack and to pass over, upon and through the streets and public places of the said City of Yonkers, or upon the property and persons of the residents thereof.” There is a finding of fact that the smoke, containing particles of dust, soot and cinders is carried by the wind at certain times over the property of the inhabitants of the city, that it enters their houses and apartments, and…
2Cases cited11 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Lawton v. . SteeleNew York Court of Appeals · 1890
- Inhabitants of Winthrop v. New England Chocolate Co.Massachusetts Supreme Judicial Court · 1902
- Meeker v. Van RensselaerNew York Supreme Court · 1836
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- New York Trap Rock Corp. v. Town of ClarkstownNew York Court of Appeals · 1949
- City of Yonkers v. Federal Sugar Refining Co.New York Court of Appeals · 1917
- Beach v. Queens County Jockey ClubNew York Supreme Court · 1937
- Herkimer Lumber Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1921
- Fulton Light, Heat & Power Co. v. Oswego River Power Transmission Co.New York Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.