Legal Opinion

Kavanagh v. Barber

New York Supreme Court

Decided April 13, 1893Published

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

  1. Kavanagh v. . BarberNew York Court of Appeals · 1892
  2. Martin v. . RectorNew York Court of Appeals · 1886
  3. Kavanagh v. BarberNew York Supreme Court · 1891

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