Mahan v. Brown
New York Supreme Court
This was an action on the case,tried at the Albany circuit in September 1233, before the Hon. James VANDERPOEL,one of the circuit judges. The suit was brought for the obstruction of lights in the dwelling house of the plaintiff.
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This was an action on the case,tried at the Albany circuit in September 1233, before the Hon. James VANDERPOEL,one of the circuit judges. The suit was brought for the obstruction of lights in the dwelling house of the plaintiff. The plaintiff alleged in her declaration, that before end at thetime of the committing of the grievances complained of, she has been and still was lawfully possessed of a certain dwelling house, with the appurtenances, situate in the third ward of the city of Albany, bounded on the south by a lot owned or occupied by the defendant, &c.; in which dwelling house there…
1Opinion of the Court
By the court,
Savage, Ch. J.
That an action upon the case lies for stopping the ancient lights of another is too well settled to require discussion or authority to support it. Formerly, indeed, it was holden that the lights must be ancient and beyond the memory of man. And in the case of Bury v. Pope, Cro. Eliz. 118, it was agreed by all the justices that where two own adjacent lands, and one builds and makes windows looking on the lands of the other, and continues for 30 or 40 years, yet the other may lawfully erect on his own-soil anthouse or other thing against said lights, without being…
2Cited by47 opinions
- Camfield v. United StatesSupreme Court of the United States · 1897
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Simar v. . CanadayNew York Court of Appeals · 1873
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
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