Campbell v. . Seaman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to recover damages resulting from an alleged nuisance, and to restrain the continuance thereof.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to recover damages resulting from an alleged nuisance, and to restrain the continuance thereof. The referee found the following facts : “ The plaintiffs are the owners of thirty to forty acres of land adjoining the village of Castleton, upon the Hudson river, about six miles below the city of Albany; there are native yellow and white pines upon the said land which grew in the forest, many of the…
1Opinion of the CourtEarl, J.
The plaintiffs owned about forty acres of land, situate in the village of Castleton, on the east bank of the Hudson river, and had owned it since about 1849. During the years 1857, 1858 and 1859 they built upon it an expensive dwelling-house, and during those years, and before and since, they improved the land by grading and terracing, building roads and walks through the same, and planting trees and shrubs, both ornamental and useful.
The defendant had for some years owned adjoining lands, which lie had used as a brick-yard. The brick-yard is southerly of plaintiffs’ dwelling-house about…
2Cases cited8 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Catlin v. ValentineNew York Court of Chancery · 1842
- Mohawk & Hudson Rail Road v. ArtcherNew York Court of Chancery · 1836
- Whitney v. BartholomewSupreme Court of Connecticut · 1851
- Bradley's Fish Co. v. DudleySupreme Court of Connecticut · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by136 opinions
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- Ackerman v. . TrueNew York Court of Appeals · 1903
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