Hayton v. McLaughlin

I concur for reversal of the judgment, but dissent as to the dismissal of the complaint and vote for a new trial.

Assuming that the grassplot inclosed by an eighteen-inch wire fence, extending out from the building line eight feet for a width of fifteen feet, five inches, may be deemed a “ bit of rus in urbe,” it is not a nuisance as a matter of law, but may be, as the jury may have found, a nuisance as a matter of fact. (McCloskey v. Buckley, 223 N. Y. 187.) Upon that basis, the case will be considered.

Sidewalks are for the absolute use of the public (Acme Realty Co. v. Schinasi, 215 N. Y.…