People v. Cunningham
Court for the Trial of Impeachments and Correction of Errors
Indictment for nuisance. The defendants were tried and convicted in the general sessions of Kings county, in June, 1844, of a nuisance in obstructing a highway called Front-street in the city of Brooklyn.
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Indictment for nuisance. The defendants were tried and convicted in the general sessions of Kings county, in June, 1844, of a nuisance in obstructing a highway called Front-street in the city of Brooklyn. The indictment charged that the defendants, on the first day of May, 1843, and on divers other days &c. at &c. kept and maintained a distillery for manufacturing ardent spirits, and in so doing made large quantities of swill and slops, and unlawfully and wilfully caused and permitted divers carts On the trial, the prosecution proved that the defendants had owned and occupied a distillery on…
1Opinion of the Court
By the Court, Jewett, J.
The main points made by the defendants upon the merits in this case are, first, that the business which they pursued being lawful in itself, they had a right to use, in carrying it on, so much of the public highway, adjoining their premises on which their distillery was situate, as was necessary for the delivery of the slops manufactured at their establishment, however much such business', so conducted, might obstruct the passage of the citizens with their carriages. in the street, provided they used reasonable diligence and dispatch in the delivery; and second, that…
2Cases cited1 opinion
- Mills v. HallNew York Supreme Court · 1832
3Cited by84 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Smith v. McDowellIllinois Supreme Court · 1893
- People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
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