Spies v. Damm
The Superior Court of New York City
Action to restrain the continuance of a show case which obstructs the plaintiff’s light and air. The facts are sufficiently stated in the opinion.
1Opinion of the CourtFreedman, J.
In Doyle agt. Lord (64 N. Y., 432), upon which plaintiff relies, the light and air came over land belonging to the same landlord. Such land consisted of a yard which had been attached to, and appropriated for, the use of the whole building. It was upon this ground that the court of appeals held, that each tenant occupying part of the building had an easement in the yard. This conclusion was reached, as stated by Earl, J., without any departure from what may be called the American doctrine as to light and air, as distinguished from the English common-law doctrine. If the yard in question had…
2Cases cited1 opinion
- Doyle v. . LordNew York Court of Appeals · 1876
3Cited by2 opinions
- O'Neill v. BreeseThe Superior Court of the City of New York and Buffalo · 1893
- O'Neill v. BreeseThe Superior Court of New York City · 1893