New Cases Selected Chiefly from Decisions of the Courts of the State of New York Volume 18

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...a nuisance, it is not material, perhaps, that the fence was not built upon the line, but was built near to the line and upon the land of the defendant. The law is well settled that every owner of property must so use and maintain his property that he shall not cause any unnecessary injury or damage to his neighbor; and that is so in respect to fences and buildings, or erections of any kind, and as to excavations along or near to the line of the owner of property. If the owner of property erects and maintains upon or near the line of his own property any structure----any fence I might say--any erection that would be dangerous to persons or their animals, who, not knowing the condition, would come in contact with it and sufier serious injury, it would be a nuisauce. Because, in such cases, the law makes it illegal and wrong to build and maintain such a nuisance there. You will, therefore, inquire in this case--and I shall submit the question to you to determine from the evidence--whether this fence was a nuisance, erected when and where it was between the lands of these parties, and of the materials with which it was ereeted--takiug into consideration the knowledge of both parties as to the use of the adjoining lands on each side, and of the objects and purposes of this fence. Was this fence of such a dangerous and vicious character as to be necessarily sure to cause serious injury and damage to the cattle and horses or other animals of the adjoining owner, that might come in contact with it? If so, then the defendant had no right to build or maintain such a fence there. Although he built it upon his own land, such a fence would be a nuisance, and the defendant would be liable for all damage that resulted to the plaintifi's cattle or...