Peck v. Newburgh Light, Heat & Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Newburgh Light, Heat and Power Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 28tli day of December, 1907, upon the report of a referee.
1Opinion of the Court
Jenks, J.:
This case presents a question of a private nuisance. The plaintiff complained that, incidental to the defendant’s lawful business of supplying electric light, electric power' and heat to the public, there were specific features which affected materially his. peace and comfort and depreciated the value of his property. After hearing much evidence the learned referee found that ashes, soot, cinders and steam vapor emitted from the defendant’s plant were precipitated from time to time upon and in the neighborhood of the plant, and, when the wind was right, upon the plaintiff’s dwelling…
2Cases cited9 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- Lowery v. . ErskineNew York Court of Appeals · 1889
- McKeon v. . SeeNew York Court of Appeals · 1873
- Rosenheimer v. Standard Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1898
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3Cited by7 opinions
- Roukovina v. Island Farm Creamery Co.Supreme Court of Minnesota · 1924
- People v. Dayton Cleaners & Dyers Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- United Building Material Co. v. OdellNew York Supreme Court · 1910
- Darr v. CohenNew York Supreme Court · 1916
- Collar v. Ulster & Delaware Railroad, New York County Courts1911
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