Reilley v. Curley
New Jersey Court of Chancery
On application for preliminary injunction. This is an application on behalf of Reilley and three other complainants against Curley and another to obtain a preliminary injunction.
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On application for preliminary injunction. This is an application on behalf of Reilley and three other complainants against Curley and another to obtain a preliminary injunction. The bill alleges that the complainants are owners or occupants, or both, of houses in Jersey City, in the-neighborhood of Baldwin, Magnolia, and Pavonia avenues and West and East streets; that this is a strictly residential neighborhood; that on East street, Curley, one of the defendants, has leased from Byron, the other defendant, two lots of land on opposite sides of that street; that he is engaged in hauling, to…
1Opinion of the Court
Garrison, Y. C.
It will be useful to consider several questions of law before dealing directly with the case at bar.
Since the defendant Curley is not engaged in improving the land on which he is piling the stone, but is merely using the land as a storage place for the stone, there is no occasion for the application of the principle that neighbors must endure the usual and customary discomforts arising out of the improvement by one of his property.
The first question relates to the principle to be applied to the rights of the respective parties, and this has been well summed up in a recent case…
2Cases cited2 opinions
- Hill v. McBurney Oil & Fertilizer Co.Supreme Court of Georgia · 1901
- Herring v. WiltonSupreme Court of Virginia · 1906
3Cited by12 opinions
- State v. HollandNew Jersey Superior Court Appellate Division · 1975
- Rose v. ChaikinNew Jersey Superior Court Appellate Division · 1982
- Kobielski v. Belle Isle East Side Creamery Co.Michigan Supreme Court · 1923
- Kosich v. Poultrymen's Service Corp.New Jersey Court of Chancery · 1945
- Roukovina v. Island Farm Creamery Co.Supreme Court of Minnesota · 1924
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