Olmsted v. Rich
New York Supreme Court
Appeal from circuit court, Delaware county. Action to enjoin a nuisance, and for damages, brought by John M. Olmsted against Bobert S. and Stephen W. Bich.
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Appeal from circuit court, Delaware county. Action to enjoin a nuisance, and for damages, brought by John M. Olmsted against Bobert S. and Stephen W. Bich. The action was commenced May 15, 1886. In the complaint it is alleged that the plaintiff and defendants reside in the village of Hobart, in Delaware county, and live upon and occupy small adjoining lots; that the plaintiff is the owner in fee of his lot, and lias occupied it with his family for a number of years, and his dwelling is about 60 feet from defendants’ line; that the rear part of the premises occupied by defendants is about 40…
1Opinion of the CourtMerwin, J.
It is claimed by the defendants that their right of trial by jury has been infringed upon, upon the theory that this is an action for a nuisance within section 968 of the Code, and that therefore the defendants had a right to a trial by jury as matter of right. The court of appeals are against this theory. In Cogswell v. Railroad Co., 105 N. Y. 319, 11 N. E. Rep. 518, it was very distinctly stated that an action like the present one was not within section 968. And, although the facts of that case did not apply the rule to the case of a defendant, still the rule was broadly enunciated, and…
2Cases cited8 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Heeg v. . LichtNew York Court of Appeals · 1880
- Mahan v. BrownNew York Supreme Court · 1835
- Pickard v. CollinsNew York Supreme Court · 1856
- Chapin v. . ThompsonNew York Court of Appeals · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Sturgeon v. Wabash Railway Co.Missouri Court of Appeals · 1929
- Andrews v. PerryNew York Supreme Court · 1926
- In Re EllisCalifornia Supreme Court · 1938
- Schnapp v. LefkowitzNew York Supreme Court · 1979
- People v. McOmberNew York Supreme Court · 1954
7 more not listed; retrieve them via the Exa API.