State v. Kean
Supreme Court of New Hampshire
Indictment, for erecting and continuing a bay window upon and over Laurel street in Manchester,.in violation of P. S., c. 77, s. 8. Pacts agreed. The defendant has erected and continued a bay window as charged in the indictment, as a projection from his building upon Laurel street. The window extends four feet and seven inches within the limits of the street, but does not extend downward within eight feet of the ground. Laurel street is a public highway.
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Indictment, for erecting and continuing a bay window upon and over Laurel street in Manchester,.in violation of P. S., c. 77, s. 8. Pacts agreed. The defendant has erected and continued a bay window as charged in the indictment, as a projection from his building upon Laurel street. The window extends four feet and seven inches within the limits of the street, but does not extend downward within eight feet of the ground. Laurel street is a public highway. The question reserved is whether upon these facts the defendant is entitled to the judgment of the jury.
1Opinion of the CourtParsons, J.
“By the common law anyone may abate a nuisance to a highway.” 1 Hawk. P. C., c. 75, s. 12; lb., o. 76, & 61; 8 Bl. Com. *5. To justify such action it must appear that the object removed was an obstruction to the public travel,— an actual nuisance. In such case, “ whether any object permanently placed, temporarily left, or slowly moving in a public highway 55 unnecessarily obstructs public travel, and therefore is a common nuisance, is a question of fact to be determined by the jury from all the circumstances of each particular case. Hopkins v. Crombie, 4 N. H. 520, 525; Graves v. Shattuck, 35…
2Cases cited7 opinions
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Attorney General ex rel. Muskegon Booming Co. v. Evart Booming Co.Michigan Supreme Court · 1876
- Knox v. Mayor of New YorkNew York Supreme Court · 1868
- Commonwealth v. BlaisdellMassachusetts Supreme Judicial Court · 1871
- Dickey v. Maine Telegraph Co.Supreme Judicial Court of Maine · 1859
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3Cited by16 opinions
- Hartford Electric Light Co. v. Water Resources CommissionSupreme Court of Connecticut · 1971
- Yale University v. City of New HavenSupreme Court of Connecticut · 1926
- City of Emporia v. HumphreySupreme Court of Kansas · 1931
- First National Bank v. TysonSupreme Court of Alabama · 1905
- Perry v. CastnerSupreme Court of Iowa · 1904
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