Barrick v. Schifferdicker
New York Supreme Court
Appeal from circuit court, Albany county. The complaint of Caroline and Mary Barrick charged that the defendant, Anna Schifferdicker, created and maintained a nuisance by the erection of an ice-house, and the storage of ice therein, upon her lot, one side of the ice-house being within two inches of the brick dwelling-house and store of the plaintiffs; that the ice injured the walls of their house, rendered it uncomfortable and of less marketable value.
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Appeal from circuit court, Albany county. The complaint of Caroline and Mary Barrick charged that the defendant, Anna Schifferdicker, created and maintained a nuisance by the erection of an ice-house, and the storage of ice therein, upon her lot, one side of the ice-house being within two inches of the brick dwelling-house and store of the plaintiffs; that the ice injured the walls of their house, rendered it uncomfortable and of less marketable value. Plaintiffs were given a general verdict for damages, and defendant appeals.
1Opinion of the CourtLandon, J.
This action is to restrain the continuance of a nuisance, and also to recover the damages caused by it. It is properly triable before a jury. Their verdict determines whether the nuisance exists, aiyl, if so, the amount of damages the plaintiffs have sustained from it. This appears to be a constitutional right of the parties. Hudson v. Caryl, 44 N. Y. 553. Whether an injunction should be granted is a question for the court. But, the right of trial by jury being constitutional, the court must, unless it sets the verdict aside and orders a new trial, adopt the facts found by the jury. The…
2Cases cited10 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Fish v. DodgeNew York Supreme Court · 1847
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Catlin v. ValentineNew York Court of Chancery · 1842
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3Cited by7 opinions
- Collins v. SargentCalifornia Court of Appeal · 1928
- Morgan v. BowesNew York Supreme Court · 1891
- Robinson v. SmithNew York Supreme Court · 1889
- Burditt v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
- Hochstrasser v. MartinNew York Supreme Court · 1891
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