Cogswell v. New York, New Haven & Hartford Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, of the city of New York, entered upon an order made December 12, 1881, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Superior Court, of the city of New York, entered upon an order made December 12, 1881, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Eeported below, 16 J. & S. 31.) This action was brought to recover damages to plaintiff’s premises in the city of New York, alleged to have been' caused by the use on the part of defendant of an engine-house on adjoining premises, and to restrain such use. The material facts are stated in the opinion. Even if the defendant could by comity lawfully…
1Opinion of the CourtAndrews, J.
We are relieved by the findings of the trial judge, from any question as to the sufficiency of the evidence to establish that the engine-house as used by the defendant, constitutes, under the general rule of law, a private nuisance to the property of the plaintiff. The compromises exacted by the necessities of the social state, and the fact that some inconvenience to others must of necessity often attend the ordinary use of property, without permitting which there could in many cases be. no valuable use at all, have compelled the recognition, in all systems of jurisprudence, of the principle…
2Cases cited7 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823
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3Cited by9 opinions
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Hudson River Telephone Co. v. Watervliet Turnpike & Railway Co.New York Court of Appeals · 1892
- Bates v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1901
- Reining v. New York, Lackawanna & Western Railway Co.The Superior Court of the City of New York and Buffalo · 1891
- Abendroth v. New York Elevated RailroadThe Superior Court of New York City · 1887
4 more not listed; retrieve them via the Exa API.