Fish v. Dodge
New York Supreme Court
Error to Albany C. P. Dodge sued Fish in the Albany justices’ court, and declared in a special action on the case for a nuisance, for that the defendant by manufacturing steam engine boilers adjoining the dwelling house of the plaintiff in Beaver-street in the city of Albany, created a great noise and dust, whereby the plaintiff was injured in her property and peaceable enjoyment of her said dwelling, and whereby her boarders were forced to leave her—the said plaintiff, then…
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Error to Albany C. P. Dodge sued Fish in the Albany justices’ court, and declared in a special action on the case for a nuisance, for that the defendant by manufacturing steam engine boilers adjoining the dwelling house of the plaintiff in Beaver-street in the city of Albany, created a great noise and dust, whereby the plaintiff was injured in her property and peaceable enjoyment of her said dwelling, and whereby her boarders were forced to leave her—the said plaintiff, then and there keeping a boarding house; to the damage of the plaintiff of one hundred dollars. The defendant pleaded the…
1Opinion of the Court
By the Court, Bronson, Ch. J.
It is a rule of the common law that a man should so use his own as not to hurt another; and therefore if one carry on a lawful trade or business in such a manner as to prove a nuisance to his neighbor, he must answer in damages. There are many cases in the books where this doctrine has been applied; and among the number are those where a man erects a smith’s-forge, swine-sty, lime-kiln, privy, or tallow-furnace so near the dwelling-house of another as to render it unfit for habitation. (Bradley v. Gill, Lutw. 29; Aldred’s case, 9 Coke, 58; Jones v. Powell, Hutton,…
2Cases cited4 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Dox v. DeyNew York Supreme Court · 1829
- Jackson v. CovertNew York Supreme Court · 1830
- Curtiss v. LawrenceNew York Supreme Court · 1819
3Cited by83 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
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