Gerow v. Village of Liberty
Appellate Division of the Supreme Court of the State of New York
.Appeal by the defendant, The Village of Liberty, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Sullivan on the 8th.day of March, 1904, upon the decision of the court rendered after a trial at the Sullivan Trial Term, certain questions having been submitted to a jury, and also from an order made during the trial and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon…
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.Appeal by the defendant, The Village of Liberty, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Sullivan on the 8th.day of March, 1904, upon the decision of the court rendered after a trial at the Sullivan Trial Term, certain questions having been submitted to a jury, and also from an order made during the trial and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. '
1Opinion of the Court
Chester, J.:
The action is one brought for damages caused by an alleged nuisance, and to restrain the continuance thereof. The plaintiff keeps a large boarding house, in which he resides, in the town of Liberty. The village of Liberty, the defendant, has erected its sewage disposal works about 975 feet distant from the plaintiff’s residence and boarding house. The plaintiff alleges that these works cast off a penetrating, offensive, noxious, unhealthy and sickening odor destructive of the health of the plaintiff, his family and guests, and that he has thereby suffered loss- and damage.
The…
2Cases cited3 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Sammons v. . City of GloversvilleNew York Court of Appeals · 1903
- Kilbourne v. Board of SupervisorsNew York Court of Appeals · 1893
3Cited by9 opinions
- El Paso Union Passenger Depot Co. v. LookCourt of Appeals of Texas · 1918
- Kiser v. Douglas CountyWashington Supreme Court · 1912
- Porges v. JacobsOregon Supreme Court · 1915
- Squaw Island Freight & Terminal Co. v. City of BuffaloNew York Supreme Court · 1928
- Bowers v. Village of South Glens FallsAppellate Division of the Supreme Court of the State of New York · 1940
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