Legal Opinion

McNulty v. Mount Morris Electric Light Co.

New York Court of Appeals

Decided November 18, 1902PublishedCited by 21 opinions

Appeal from, a judgment of the Appellate Division of the Supreme' Court in the first judicial department, entered December 21, 1900, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial .at Special Term and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinions. .The dismissal of the plaintiff’s complaint by the Appellate Division was erroneous.

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Appeal from, a judgment of the Appellate Division of the Supreme' Court in the first judicial department, entered December 21, 1900, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial .at Special Term and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinions. .The dismissal of the plaintiff’s complaint by the Appellate Division was erroneous. (Heller v. Cohn, 154 N. Y. 299 ; Benedict v. Arnoux, 154 N. Y. 715 ; Griffin v. Marquardt, 17 N. Y. 28; Schenck v. Dart, 22 N. Y. 420 ; Cuff v.…

1Opinion of the Court

The plaintiff brought this action for an injunction and damages against the defendant, The Mount Morris Electric Light Company. The plaintiff was the tenant of No. 525 Greenwich street, in the city of New York, and the defendant's plant was adjacent thereto.

The complaint alleges, in substance, that the defendant so negligently constructed and conducted the property and operated the machinery therein as to discharge upon the premises of the plaintiff great quantities of soot, cinders, ashes and noisome gases, unpleasant odors, water and steam; also causing incessant noises and very great jar…

2Cases cited17 opinions

  1. Clark v. WoosterSupreme Court of the United States · 1886
  2. Whitehead v. . KennedyNew York Court of Appeals · 1877
  3. Valentine v. . RichardtNew York Court of Appeals · 1891
  4. Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
  5. Lopez v. . CampbellNew York Court of Appeals · 1900

12 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
  2. Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
  3. McGurty v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1916
  4. Greenblatt v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1909
  5. R. J. Marshall, Inc. v. Turner Construction Co.New York Supreme Court · 1954

16 more not listed; retrieve them via the Exa API.

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