Hochstrasser v. Martin
New York Supreme Court
Appeal from circuit court, Saratoga county. Action by Jennie Hochstrasser against George B. Martin and Alvin 0. Eaton for an alleged nuisance in maintaining and using a barn on the lands -of the defendant Martin, occupied by the defendant Eaton, from which the defendants caused or permitted water used by the defendants in washing wagons on the premises to leak through manure heaps suffered to accumulate thereon, over and above the premises of the plaintiff, causing offensive…
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Appeal from circuit court, Saratoga county. Action by Jennie Hochstrasser against George B. Martin and Alvin 0. Eaton for an alleged nuisance in maintaining and using a barn on the lands -of the defendant Martin, occupied by the defendant Eaton, from which the defendants caused or permitted water used by the defendants in washing wagons on the premises to leak through manure heaps suffered to accumulate thereon, over and above the premises of the plaintiff, causing offensive and unwholesome odors upon her premises and in her dwelling; and in the complaint asked that the defendants be enjoined…
1Opinion of the CourtMayham, J.
The appellant insists that the judgment should be reversed ■on the ground of the rejection of evidence offered by the plaintiff on the trial. The plaintiff’s husband, while being examined, testified that he made com.plaint to the board of health. He was then asked this question: “What did the board decide in regard to it?” This question was objected to by the defendants, and before any ruling was made by the court the plaintiff made the ■following offer: Plaintiff offered to prove that the health officer refused to interfere, and stated that the public had nothing to do with it, as it was a…
2Cases cited3 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Barrick v. SchifferdickerNew York Supreme Court · 1883
- Van Buren v. Fishkill & M. W. Co.New York Supreme Court · 1888