Smith v. Ingersoll-Sergeant Rock Drill Co.
New York Court of Common Pleas
Appeal from equity term. Action by James B. Smith against the Ingersoll-Sergeant Rock Drill Company. A judgment was rendered granting an injunction to plaintiff of six cents damages, and costs. Plaintiff appeals from all the judgment except so much thereof as awarded costs, and defendant appeals from the whole judgment.
1Opinion of the CourtPryor, J.
On an appeal by both parties, each solicits a new» trial; and, on the record before us, we have no alternative but to accommodate the decision to their desire. The action is to restrain a nuisance, and for damages. The learned trial judge finds as a fact that the nuisance “has materially lessened the beneficial use and enjoyment of plaintiff’s premises, and that it will continue to lessen the beneficial use and enjoyment of plaintiff’s premises”; and, accordingly, he concludes that, as a deduction of law, the plaintiff is entitled to injunctive relief, but he estimates that six cents is an…
2Cases cited7 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Gray v. Manhattan Railway Co.New York Court of Appeals · 1891
- United States Trust Co. v. O'BrienNew York Court of Appeals · 1894
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.