Sadlier v. City of New York
New York Supreme Court
Suit to restrain a nuisance, or continuing trespass, .which injures the plaintiffs’ real property, and for damages. The Yew York and Brooklyn Bridge is suspended on the Brooklyn side of the East River about 80 feet above the roof of the plaintiffs’ building, which is about 20 feet away from the said bridge, i. e., from a line dropped from the southerly side thereof.
Read the full summary
Suit to restrain a nuisance, or continuing trespass, .which injures the plaintiffs’ real property, and for damages. The Yew York and Brooklyn Bridge is suspended on the Brooklyn side of the East River about 80 feet above the roof of the plaintiffs’ building, which is about 20 feet away from the said bridge, i. e., from a line dropped from the southerly side thereof. Dirty water and slush accumulate on the wagon roadway of the said bridge on the southerly side thereof, and run off in considerable quantities and volume, and owing to the action of the wind upon it as it falls, it is cast upon…
1Opinion of the Court
Gaynor, J.:
The learned counsel for the defendant meets the case with the contention that the things complained of are necessarily and unavoidably incident to the existence and use of the bridge; and that, therefore, as the legislature located and authorized the construction and use of the bridge, just where it is and as it is, the plaintiffs are remediless; that the injury done to their property has to be deemed damnum absque injuria.
*80In brief, it is claimed that the law of this state is that individuals can have no redress in the courts for injury done to their property by a nuisance…
2Cases cited20 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Gibson v. United StatesSupreme Court of the United States · 1897
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Oklahoma City v. TyteniczSupreme Court of Oklahoma · 1935
- E. I. Du Pont De Nemours Powder Co. v. DodsonSupreme Court of Oklahoma · 1915
- Riley v. Continuous Rail Joint Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1906
- Friedman v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Lennon v. City of ButteMontana Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.