Callanan v. Gilman
The Superior Court of New York City
Appeal from judgment awarding the plaintiffs an injunction. Plaintiffs’ evidence as to the special damages suffered by them from the nuisance, enjoined, in addition to that referred to in the opinion of Judge O’Gorman, was as follows : One of the plaintiffs testified, “We think a great portion of our customers come to our store from Broadway along the southerly side of Vesey street. I have seen the effect of this bridge on pedestrians.
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Appeal from judgment awarding the plaintiffs an injunction. Plaintiffs’ evidence as to the special damages suffered by them from the nuisance, enjoined, in addition to that referred to in the opinion of Judge O’Gorman, was as follows : One of the plaintiffs testified, “We think a great portion of our customers come to our store from Broadway along the southerly side of Vesey street. I have seen the effect of this bridge on pedestrians. The effect has been to stop them, and it is my strong impression that it drives a good many of them to the other side of the street. It has prevented our…
1Dissent
O’Gorman, J.—[Dissenting.]
This is an appeal from a judgment restraining the defendant from obstructing the southerly side of Vesey street in front of his premises (Nos. 35 and 31), by any plankway or bridge, or other like obstruction, elevated above the sidewalk and reaching from said premises or from the stoop in front thereof to the roadway, or from hindering the plaintiffs or their employees and customers from having free use and passage along the sidewalk in front of defendant’s said premises.
The action was tried at special term, without a jury. The plaintiffs, in their complaint, did not…
2Cases cited3 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Greene v. N. Y. Central & H. R. R.R.The Superior Court of New York City · 1883
- Moore v. JacksonSuperior Court of Buffalo · 1875