Whitney v. Bartholomew
Supreme Court of Connecticut
This was an action on the case, to recover damages done, by the defendant, to the property of the plaintiff, by means of a carriage factory and blacksmith’s shop, erected and occupied by the defendant, on his land, in the immediate vicinity of a dwelling-house and lot owned by the plaintiff.
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This was an action on the case, to recover damages done, by the defendant, to the property of the plaintiff, by means of a carriage factory and blacksmith’s shop, erected and occupied by the defendant, on his land, in the immediate vicinity of a dwelling-house and lot owned by the plaintiff. The cause was tried, on the general issue, at New-Haven, October term, 1850. On the trial, it was proved and admitted, that the plaintiff was the owner of the dwelling-house and land, described in her declaration; and that the defendant was in the occupation of a lot of land adjoining the plaintiff’s…
1Opinion of the Court
Church, Ch. J.
The maxim, that every man must so use his own property as not to injure another, is known to every lawyer, and approved by every moralist. There is sometimes found a difficulty in its application.
We do not understand, by this rule of law, that, if a man uses his own, without fault or negligence, he is responsible to others for the consequences. But many circumstances may conspire to determine what is a proper use of one’s own property. Some things are unlawful or nuisances per se; others become so, only in respect to the time, place or manner of their performance.
The trade and…
2Cited by22 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Ex Parte HadacheckCalifornia Supreme Court · 1913
- Wylie v. ElwoodIllinois Supreme Court · 1890
- Nair v. ThawSupreme Court of Connecticut · 1968
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