Hall v. House of St. Giles the Cripple
New York Supreme Court
Action to enjoin the proposed erection by the defendant, a religious corporation, of an hospital for crippled children on the southeast corner of President street and Brooklyn avenue, in the borough of Brooklyn, adjoining property which plaintiff owns on that block. The injunction is sought on the grounds that the hospital will constitute a nuisance, and would also be in violation of a restriction established by chapter 631 of the Laws of 1868.
1Opinion of the CourtKelby, J.
The proposed hospital building is to be of gracious design, with modern equipment and directed by a high personnel. Its presence cannot of itself be held to be a nuisance per se. Nor can the coming and going of crippled children in search of care and cure; though undoubtedly pain and distress will sometimes be caused by the sight of suffering to those living nearby. Giving full credence to the sincerity of plaintiff’s fears of consequences, the settled rules of equity preclude relief upon the theory that the erection and maintenance of such an hospital will constitute a private nuisance.…
2Cases cited12 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Welch v. SwaseySupreme Court of the United States · 1909
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
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