McCarty v. . Natural Carbonic Gas Co.
New York Court of Appeals
Appeal from a. judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 2, 1906, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a. judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 2, 1906, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. In cases of private nuisance the primary question is not the itijury, if any, to the plaintiff, but the right of the defendant to use its own property in the way it is doing; and there is no liability on its part for inj nries arising from a proper use…
1DissentO’Brien, J.
The plaintiff recovered a judgment in this case, enjoining the defendant from the transaction of business on its own land. Damages have also been awarded to the plaintiff as compensation for the injury complained of. The question arising upon the appeal is whether the facts found in the case sustain the conclusion of law.
The act of the defendant, which is the basis of the recovery, is that it is burning soft coal to generate steam in the manufacture of natural carbonic gas. The plaintiff has no right to complain of the manner in which the defendant is transacting its business unless it is in…
2Cases cited15 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Craig v. . ParkisNew York Court of Appeals · 1869
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