Bly v. Edison Electric Illuminating Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 4, 1901, 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. The reduction of plaintiff’s damages was erroneus. (Kernochan v. N. Y. El.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 4, 1901, 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. The reduction of plaintiff’s damages was erroneus. (Kernochan v. N. Y. El. R. B. Co., 128 N. Y. 575; Stowers v. Gilbert, 156 N. Y. 601; Uline v. N. Y. C. & H R. R. R. Co., 101 N.Y. 98; Pond y. M. El. R. Co., 112 N. Y. 186; Ottenot y. N. Y., L. & W.…
1Opinion of the CourtWbbn-eb, J.
The principal question presented on this appeal is, whether a tenant in possession of premises affected by a nuisance, under a lease made during the existence of the nuisance, can maintain an action to abate the same and to recover his damages occasioned thereby. This question cannot be intelligently discussed without a short review of the history of the case.
In 1886 the plaintiff went into occupation of the premises No. 33 West Twenty-sixth street in the city of New York, -under a lease which expired May 1st, 1890. In the fall of 1888 the defendant established an electric light plant on the…
2Cases cited17 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Roberts v. . ElyNew York Court of Appeals · 1889
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
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3Cited by34 opinions
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- City of Rochester v. MacAuley-fien Milling Co.New York Court of Appeals · 1910
- Klassen v. Central Kansas Cooperative Creamery Ass'nSupreme Court of Kansas · 1946
- Miller v. Edison Electric Illuminating Co.New York Court of Appeals · 1906
- Perrin v. Crescent City Stockyard & Slaughterhouse Co.Supreme Court of Louisiana · 1907
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