Hay v. . the Cohoes Company
New York Court of Appeals
Hay sued the Cohoes Company, a corporation chartered by act of the legislature, (Slat. 1826, p. 72,) in the court of common pleas of Albany county.
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Hay sued the Cohoes Company, a corporation chartered by act of the legislature, (Slat. 1826, p. 72,) in the court of common pleas of Albany county. The declaration, which was in case, alleged, among other things, that the defendants at, &c. by their agents and servants, wrongfully and unjustly blasted and threw large quantities of earth, gravel, slate and stones, upon the dwelling house and premises of the plaintiff, and shut and darkened the windows of said house, obstructed the light, and broke the windows, doors, &c. to the damage of the said plaintiff. Plea, not guilty. On the trial the…
1Opinion of the CourtGardiner, J.
The defendants insist that they had the right to excavate the canal upon their own land, and were not responsible for injuries to third persons, unless they occurred through their negligence and want of skill, or that of their agents and servants.
It was an elementary principle in reference to private rights, that every individual is entitled to the undisturbed possession and lawful enjoyment of his own property. The mode of enjoyment is necessarily limited by the rights of others—otherwise it might be made destructive of their rights altogether. Hence the maxim sic utere tuo, &c. The…
2Cases cited3 opinions
- Panton v. HollandNew York Supreme Court · 1819
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Clark v. FootNew York Supreme Court · 1811
3Cited by136 opinions
- 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
- Heeg v. . LichtNew York Court of Appeals · 1880
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
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