Chipman v. Palmer
New York Supreme Court
Appeal from a judgment entered in favor of the defendant for tbe costs of this action. This was an action to recover damages caused by a nuisance. The plaintiff, in 1874, kept a boarding-house, near which ran a small natural stream. The defendant kept a boarding-house higher up on the same stream, and about a mile and a-half distant, and the sewer from his house ran into this stream. He had not more than forty guests.
Read the full summary
Appeal from a judgment entered in favor of the defendant for tbe costs of this action. This was an action to recover damages caused by a nuisance. The plaintiff, in 1874, kept a boarding-house, near which ran a small natural stream. The defendant kept a boarding-house higher up on the same stream, and about a mile and a-half distant, and the sewer from his house ran into this stream. He had not more than forty guests. A large number of other hotels and'boarding-houses also discharged their sewers into this stream, before it reached, plaintiff’s land. Those hotels and boarding-houses would…
1Opinion of the Court
LEARNED, P. J.:
The exception is to that part of the charge relating to damages. This embraced two points; one the measure of damages, the other the proportion of the defendant’s liability. If either was correct, the exception was too general. (Groat v. Gile, 51 N. Y., 431; Walsh v. Kelly, 40 id., 556.)
The rule of damages was correctly laid down. (Francis v. Schoellkopp, 53 N. Y., 152.)
This would seem fatal to the exception.
But I think the other part’ of the charge was correct. The plaintiff treats the nuisance as the result of a joint act of several persons, of whom the defendant is one. But…
2Cases cited8 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- Creed v. . HartmannNew York Court of Appeals · 1864
- Auchmuty v. HamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Van Steenburgh v. TobiasNew York Supreme Court · 1837
3 more not listed; retrieve them via the Exa API.