Gilford v. Babies' Hospital
New York Supreme Court
On final hearing for an injunction. Action brought by Thomas B. Gilford against the Babies’ Hospital of the-City of Hew York, to restrain defendant from using a certain building on the-corner of Lexington avenue and Forty-Fifth street for an hospital.
1Opinion of the CourtBeach, J.
In Lexington avenue, at Forty-Fifth street, the defendant liaspurchased a house, originally a dwelling, under a restrictive covenant, and proposes to there conduct a hospital for the care of sick infants, including any who may develop, after admission, contagious disease. The plaintiff, owner of a contiguous dwelling, brings suit for a decree enjoining the business, because a nuisance and a breach of the restrictive clause. The locality is residential. I think the plaintiff has undoubted right to file the bill upon the first ground. There cannot be doubt that the second presents a serious…
2Cases cited9 opinions
- Sullivan v. RoyerCalifornia Supreme Court · 1887
- Snyder v. CabellWest Virginia Supreme Court · 1886
- Pennoyer v. AllenWisconsin Supreme Court · 1883
- Hurlbut v. McKoneSupreme Court of Connecticut · 1887
- Stadler v. GriebenWisconsin Supreme Court · 1884
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3Cited by6 opinions
- Birchard v. Board of HealthMichigan Supreme Court · 1918
- Nelson v. Swedish Evangelical Lutheran Cemetery Ass'nSupreme Court of Minnesota · 1910
- Heaton v. PackerAppellate Division of the Supreme Court of the State of New York · 1909
- Rowland v. MillerThe Superior Court of the City of New York and Buffalo · 1891
- Rowland v. Charles Miller & Taylor Co.The Superior Court of New York City · 1891
1 more not listed; retrieve them via the Exa API.