Mulligan v. Elias
New York City Court
Trial by the court. This action was brought by John Mulligan against Jacob Elias, to have the chemical works of the defendant, as carried on by him, in William sburgh, declared a nuisance and enjoined, and to recover incidental damages. The facts sufficiently appear in the opinion of the court.
1Opinion of the CourtNeilson, J.
The questions involved in this action are: Eirst, whether a nuisance has been created by the escape of gas from the defendant’s chemical works; and if so,. Secondly, whether the plaintiff has suffered damages as claimed.
The defendant manufactures sulphuric acid after the usual method. The plaintiff’s property is situated nearly two hundred feet southwest of the factory.
It is claimed that the sulphurous gas, not subjected to condensation in manufacturing the acid, escapes and is carried over upon the plaintiff’s premises and into his dwelling, to the annoyance and injury of himself and his…
2Cases cited8 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Catlin v. ValentineNew York Court of Chancery · 1842
- First Baptist Church v. Schenectady & Troy Rail-RoadNew York Supreme Court · 1848
- Peck v. ElderThe Superior Court of New York City · 1849
- Broadhead v. McConnellNew York Supreme Court · 1848
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