Callanan v. . Gilman
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Gourt of the city of Hew York, entered upon an order made May 18, 1885, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. (Reported below, 20 J. & S., 112.) This action was brought to restrain defendant from obstructing the sidewalk in front of his store in Yesey street, New York city. The material facts are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Superior Gourt of the city of Hew York, entered upon an order made May 18, 1885, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. (Reported below, 20 J. & S., 112.) This action was brought to restrain defendant from obstructing the sidewalk in front of his store in Yesey street, New York city. The material facts are stated in the opinion. The defendant did not. unlawfully obstruct the street. (People v. Cunningham, 1 Denio, 524, 530.) The obstruction of the highway is lawful when it…
1Opinion of the CourtEarl, J.
The primary purpose of streets is use by the public for travel and transportation, and the general rule is. that any obstrnction of a street or encroachment thereon which interferes with such use is a public nuisance. But there are exceptions to the general rule born of necessity and justified by public convenience. Xn abutting owner engaged in building may temporarily encroach upon the street by the. deposit of building materials. A tradesman may convey goods in the street to or from his adjoining store. A coach or omnibus may stop in {he street to take up or set down passengers, and the use…
2Cases cited3 opinions
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Welsh v. . WilsonNew York Court of Appeals · 1886
- Mathews v. KelseySupreme Judicial Court of Maine · 1870
3Cited by128 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- 532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.New York Court of Appeals · 2001
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- O'Neill v. City of Port JervisNew York Court of Appeals · 1930
123 more not listed; retrieve them via the Exa API.