Arnold v. Rockland Lake Trap Rock Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. the-.Rockland Lake Trap Rock Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 11th day of April, 1907, upon the decision of the court rendered-after a trial at the Westchester Special Term.
1Opinion of the Court
Woodward, J.:
This action was tried at Special Term without a jury, and the justice presiding directed the entry of a decree, restraining the defendant from using so-called “ mud blasts ” in its quarries at any time, and adjudging such blasts constituted a nuisance. The judgment also awarded the plaintiff damages for injuries done the plaintiff’s house by reason of these “mud blasts.” “Mud blasts” consist in placing sticks of dynamite on rock to be broken, covering it with earth and exploding it. To make out her case the plaintiff read the testimony of one Wilson P. Foss, tile president .of…
2Cases cited6 opinions
- Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- Campbell v. EmslieAppellate Division of the Supreme Court of the State of New York · 1905
- National Bank of Rondout v. ByrnesAppellate Division of the Supreme Court of the State of New York · 1903
- Campbell v. . EmslieNew York Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Boston Old Colony Insurance v. TrivediCivil Court of the City of New York · 1978