Masterson v. Short
The Superior Court of New York City
Motion by plaintiffs for an injunction to restrain defendants from keeping hackney coaches on the public stand in front of the plaintiffs’ livery stable, opposite the Central Park.
1Opinion of the CourtJones, J.
This action can only be sustained on the ground that the act of the defendants in standing their carriages there where they do is a nuisance.
They stand their carriages in the place under the authority of an ordinance of the common council, establishing that portion of the street as a hackney coach stand.
If the common council had authority to make such ordinance, and the defendants have not stepped beyond the limits of the authority conferred by the ordinance, then their acts cannot be a nuisance.
A nuisance cannot be predicated of the lawful exercise of authority. This is the proposition laid…
2Cited by4 opinions
- People v. GalenaCalifornia Court of Appeal · 1937
- Griswold v. WebbSupreme Court of Rhode Island · 1889
- State v. JarvisSupreme Court of Vermont · 1915
- City of Columbus v. Barr, Court of Common Pleas of Ohio, Franklin County, Civil Division1910