Kavanagh v. Barber
New York Supreme Court
Appeal from circuit court, Erie county. Action by Michael Kavanagh against Amzi L. Barber for damages caused by a nuisance created by defendant From a judgment entered on a nonsuit directed at the circuit, plaintiff appeals.
1Opinion of the CourtMacomber, J.
Upon the first trial of this cause there was a disagreement of the jury. A second trial was had, which resulted in a small verdict for the plaintiff. It was affirmed by this court in an opinion reported in 59 Hun, 60, 12 N. Y. Supp. 603; but Was reversed by the court of appeals in a decision reported in 131 N. Y. 211, 30 N. E. Rep. 235. This action was brought to recover damages alleged to have been sustained by the plaintiff by reason of a nuisance created by the defendant in operating a factory for the manufacture of asphalt for paving purposes. There was sufficient evidence given on the…
2Cases cited3 opinions
- Kavanagh v. . BarberNew York Court of Appeals · 1892
- Martin v. . RectorNew York Court of Appeals · 1886
- Kavanagh v. BarberNew York Supreme Court · 1891