Yocum v. Hotel St. George Co.
New York Supreme Court
Trial by the court. This action was brought by Yocum and others, against the defendant, a corporation carrying on the hotel business in the city of Brooklyn, to enjoin the operation of an electric plant, built in .the cellar of an extension of the hotel, for the production of electric lights for nse in the hotel.
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Trial by the court. This action was brought by Yocum and others, against the defendant, a corporation carrying on the hotel business in the city of Brooklyn, to enjoin the operation of an electric plant, built in .the cellar of an extension of the hotel, for the production of electric lights for nse in the hotel. The plant consisted of two steam engines, two dynamos, and other necessary machinery, and the action was brought upon the ground that the noise and vibration produced by their operation, constituted a private nuisance as to the plaintiffs, who occupied adjoining dwellings. During the…
1Opinion of the CourtBrown, J.
The substantial agreement of counsel upon the general principles of law which govern an action of the character of the one under consideration, renders any extended discussion of the law of the case unnecessary.
It is asserted by the plaintiff that the noise and vibration produced upon their buildings by the operation of the steam engine and dynamos of the defendant is a nuisance.
In Fish v. Dodge (4 Den. 311), Judge Bronson, says: 61A man should so use his own as not to hurt another: and therefore, if one carry on a lawful trade or business in such a manner as to prove a nuisance to his…
2Cases cited5 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Catlin v. ValentineNew York Court of Chancery · 1842
- McKeon v. . SeeNew York Court of Appeals · 1873
- Davis v. SawyerMassachusetts Supreme Judicial Court · 1882
- Hutchins v. SmithNew York Supreme Court · 1872
3Cited by3 opinions
- Moon v. National Wall-Plaster Co. of AmericaNew York Supreme Court · 1900
- Abendroth v. Manhattan Ry. Co.The Superior Court of New York City · 1885
- People v. BinkAppellate Division of the Supreme Court of the State of New York · 1912