Roscoe Lumber Co. v. Standard Silica Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Roscoe Lumber Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 12th day of September, 1900, upon the decision of the court, rendered after a trial at the Queens County Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Woodward, J.:
The plaintiff, the Roscoe Lumber Company, has a lumber yard in the borough of Queens which it has occupied since December, 1894; *422the defendant, the Standard Silica Cement Company, secured premises adjoining those of the plaintiff in October, 1895, and began the manufacture of cement. Both of these industries are located in a manufacturing neighborhood, the only residences being over saloons, two- or three in'number, and as to these there is no complaint. It-is conceded that in the manufacture of the defendant’s product a fine dust is created, which it has been found…
2Cases cited6 opinions
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Cook v. . BarrNew York Court of Appeals · 1870
- Tisdale v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1889
- Rosenheimer v. Standard Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bove v. Donner-Hanna Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1932
- Andrews v. PerryNew York Supreme Court · 1926
- Dillon v. Cortland Baking Co.Appellate Division of the Supreme Court of the State of New York · 1928
- Friedman v. Columbia Machine Works & Malleable Iron Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Matter of Court & Remsen Bldg. Corp.(pollack)New York Court of Appeals · 1951
5 more not listed; retrieve them via the Exa API.