City of Rochester v. Erickson
New York Supreme Court
MOTION to dissolve a temporary injunction. The action was brought to obtain a perpetual injunction against the defendant, to restrain him from erecting a foundation wall necessaiy for the support of his building, situated on the east bank of the Genesee river, immediately below Main street bridge, in the. city of Rochester; on the ground that such building and wall projected into the channel of the river, and interrupted the natural flow of the water, in time of floods,…
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MOTION to dissolve a temporary injunction. The action was brought to obtain a perpetual injunction against the defendant, to restrain him from erecting a foundation wall necessaiy for the support of his building, situated on the east bank of the Genesee river, immediately below Main street bridge, in the. city of Rochester; on the ground that such building and wall projected into the channel of the river, and interrupted the natural flow of the water, in time of floods, contributing to the overflow of the water, at such seasons, into the streets of said city, and were a public nuisance. Á…
1Opinion of the Court
By the Court, Johnson, J.
The only ground on which the injunction in this case can be retained is, that the wall when erected will constitute in itself a public nuisance, or that it will materially contribute to the' maintenance and support of an existing public nuisance. Upon no other .ground can the defendant be prevented from doing that which is obviously necessary and ■ proper for the. security and protection of his property by way of new repairs.
*95This property has been used and occupied by the defendant and those under whom he claims, and to the same extent, under a title and claim of…
2Cited by8 opinions
- United States v. DebsU.S. Circuit Court for the Northern District of Illnois · 1894
- Village of Pine City v. MunchSupreme Court of Minnesota · 1890
- Attorney-General v. Delaware & Bound Brook RailroadNew Jersey Court of Chancery · 1876
- In re State Reservation at NiagaraNew York Supreme Court · 1884
- Gillespie v. ForrestNew York Supreme Court · 1879
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