Heughes v. Galusha Stove Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Galusha Stove Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk- of the county of Monroe on the 11th day of .August, 1908, upon the verdict of a jury rendered, in part, by direction of the court, and also from an order entered in said clerk’s office on the 15th day of July, 1908, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Galusha Stove Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk- of the county of Monroe on the 11th day of .August, 1908, upon the verdict of a jury rendered, in part, by direction of the court, and also from an order entered in said clerk’s office on the 15th day of July, 1908, denying the defendant’s motion for a new trial made upon the minutes. The controversy arises over the use of an interior court or alley in a block of lots in the city of Rochester, and which court is thirty-three feet in width in…
1Opinion of the Court
Spring, J.:
It was determined by this court on a former appeal (Heughes v. Galusha Stove Co., 122 App. Div. 118) that the action is one at law to recover damages for a nuisance and to procure its removal.
The plaintiffs acquired the easement ill the court or alley in lot 16 and also the right of ingress and egress to South street through the alley in lot 17 by deed. The defendant acquired a like easement in the same way, and each knew of' their location and that they were designed for the common use.of the contiguous owners. These owners for a considerable time used the alleys in common, and no…
2Cases cited5 opinions
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Hennessy v. . MurdockNew York Court of Appeals · 1893
- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
- Spencer v. LighthouseAppellate Division of the Supreme Court of the State of New York · 1906
- Heughes v. Galusha Stove Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by6 opinions
- Filby v. BrooksAppellate Division of the Supreme Court of the State of New York · 1984
- Williamson v. SalmonNew York Supreme Court · 1918
- Miller v. ClaryAppellate Division of the Supreme Court of the State of New York · 1911
- Mittnacht v. MontanaAppellate Division of the Supreme Court of the State of New York · 1923
- Miller v. ClaryNew York Supreme Court · 1911
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