Legal Opinion

Dillon v. Cortland Baking Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 22, 1928PublishedCited by 10 opinions

1Opinion of the CourtHill, J.

Defendant conducts a large bakery in the business section of the city of Cortland. . Plaintiff owns a dwelling adjacent. There are housekeeping apartments and a Y. M. C. A. dormitory in nearby buildings. This action is brought to enjoin the operation of some of defendant’s machines as a nuisance, and for damages.

The case was heard -without a jury. A motion to dismiss the complaint and for a nonsuit on the ground that plaintiff had failed to establish a cause of action, was granted at the close of plaintiff’s case. A decision containing findings of fact and conclusions of law has been made and…

2Cases cited10 opinions

  1. Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
  2. Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
  3. Raabe v. . SquierNew York Court of Appeals · 1895
  4. McKeon v. . SeeNew York Court of Appeals · 1873
  5. Pritchard v. . Edison Electric Illuminating Co.New York Court of Appeals · 1904

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3Cited by10 opinions

  1. Frank v. Cossitt Cement Products, Inc.New York Supreme Court · 1950
  2. Boomer v. Atlantic Cement Co.New York Supreme Court · 1967
  3. Liftchild v. StateNew York Court of Claims · 1943
  4. Levine v. CharlowAppellate Division of the Supreme Court of the State of New York · 1938
  5. Boriello v. LoconteAppellate Division of the Supreme Court of the State of New York · 2020

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