Cranford v. . Tyrrell.’s Empirical Analysis

Citation profile

6 district · 37 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the business complained of is a lawful one, the legal question presented in a civil action for private damage is whether the business is reasonably conducted, and whether, as conducted, it is one which is obnoxious, and hurtful to adjoining property. If the business is unlawful, the complainant in a private action must show special damage, by which the legitimate use of his adjoining property has been interfered with, or i'cs occupation rendered unfit, or uncomfortable. That the perpetrator of the nuisance is amenable to the provisions and penalties of the criminal law is not an answer to an action against him by a private person to recover for injury .sustained, and for an injunction against the continued use of his premises in such a manner. The principle has been long settled that the objection that the nuisance was a.common one is not available, if it be shown that special damage was suffered. Rose v. Miles, 4 M. & S. 101; Rose v. Groves, 5 Man. & G. 613; Francis v. Schoellhopf, supra [ 53 N. Y. 152 ]; Lansing v. Smith, 4 Wend. [N. Y.] 9 [ 21 Am. Dec. 89 ]. * * * “In the present case the indecent conduct of the' occupants of the defendant’s house and the- noise therefrom, inasmuch as they rendered the plaintiffs’ house unfit for comfortable or respectable occupation, and unfit for the purposes it was intended for, were facts which constituted a nuisance, and were sufficient grounds for the maintenance of the action. If it was a nuisance which affected the general neig”

   2 later decisions quote this exact passage
   e.g. In re Debs · Irving v. Neal