First Baptist Church v. Schenectady & Troy Rail-Road
New York Supreme Court
This was an action on the case for a nuisance, tried at the Schenectady circuit in October, 1844, before Parker, circuit j udge.
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This was an action on the case for a nuisance, tried at the Schenectady circuit in October, 1844, before Parker, circuit j udge. The declaration stated that the plaintiffs were the owners and lawfully possessed of a lot of land in the city of Schenectady, upon which there bad been erected a building, for the purpose of being used as a meeting house or place of religious worship; that the defendants were the owners and possessors of a rail-road, running near and contiguous to the plaintiffs’ premises, upon which they were accustomed to run their cars and locomotive engines; that on the 5th of…
1Opinion of the Court
By the Court, Harris, P. J.
In the examination of this case I propose first, to inquire whether the facts alleged and proved constitute a cause of action, and then, if an action can be maintained, whether the plaintiffs are the proper parties to sue; and again, whether the defendants are the proper parties to be sued. These questions involve all the points presented upon the argument.
First, then, can an action be maintained for the annoyance of which the plaintiffs complained? Nuisances are of two kinds, public and private. The former are defined to be such inconvenient and troublesome…
2Cases cited5 opinions
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Fish v. DodgeNew York Supreme Court · 1847
- Squier v. GouldNew York Supreme Court · 1835
- Chesnut Hill & Spring House Turnpike Co. v. RutterSupreme Court of Pennsylvania · 1818
- Owen v. HenmanSupreme Court of Pennsylvania · 1841
3Cited by15 opinions
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- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Rea v. Tacoma Mausoleum Ass'nWashington Supreme Court · 1918
- Gus Blass Dry Goods Co. v. ReinmanSupreme Court of Arkansas · 1912
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