Kobbe v. Village of New Brighton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of New Brighton, from a judgment of the Suj)reme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Richmond on the 19th day of June, 1891, upon the decision of . the court rendered after a trial at the Kings County Special Term adjudging a crematory maintained by the defendant to be a private nuisance as against the plaintiffs as it has been heretofore conducted, and enjoining the operation thereof as…
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Appeal by the defendant, The Village of New Brighton, from a judgment of the Suj)reme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Richmond on the 19th day of June, 1891, upon the decision of . the court rendered after a trial at the Kings County Special Term adjudging a crematory maintained by the defendant to be a private nuisance as against the plaintiffs as it has been heretofore conducted, and enjoining the operation thereof as in said judgment specified.
1Opinion of the Court
Hatch, J.:
• The court below has found, upon evidence which we regard as amply sufficient for the purpose, that the village of New Brighton, acting through its trustees, has maintained a crematory for the incineration of garbage produced by the inhabitants of the village, and has so conducted and managed the process of burning therein as to cause fumes and noxious gases to arise and sickening odors to proceed therefrom, and has poured the same in and upon the residences of the plaintiffs, and has, from time to time, caused the atmosphere in the neighborhood to be laden, corrupted and tainted *244wi…
2Cited by7 opinions
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- Oklahoma City v. TyteniczSupreme Court of Oklahoma · 1935
- Hamlin v. BenderNew York Supreme Court · 1915
- Peters v. MosesNew York Supreme Court · 1939
- Coleman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
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