Armbruster v. Auburn Gas Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Auburn Gas Light Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 9tli day of November, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9th day of November, 1896, denying the defendant’s motion for a new trial, made upon the minutes.
Read the full summary
Appeal by the defendant, The Auburn Gas Light Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 9tli day of November, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9th day of November, 1896, denying the defendant’s motion for a new trial, made upon the minutes. The jury rendered a verdict in favor of the plaintiff for the sum of $2,000. The action was commenced in June, 1895, to recover damages which the plaintiff alleges he sustained. He owned a greenhouse…
1Opinion of the Court
Hardin, P. J.:
The complaint of the plaintiff states facts sufficient to warrant a recovery for the alleged wrongful act of the defendant;
In Carhart v. Auburn Gas Light Company (22 Barb. 312) it was said in the opinion of E. Darwin Smith, J., “ That gas works are to be placed in the class of erections which are not within the ordinary and usual purposes to which real estate is applied; and that whenever they create a special in jury, they are to be regarded as a private nuisance, for which an action will lie in respect to the special injury.” His proposition was supported by numerous…
2Cases cited7 opinions
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
- Evans v. . Keystone Gas Co.New York Court of Appeals · 1895
- Carhart v. Auburn Gas Light Co.New York Supreme Court · 1866
- Barrick v. . SchifferdeckerNew York Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
- O'Geen v. Pavilion Natural Gas Co.Appellate Division of the Supreme Court of the State of New York · 1931