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4 How. Pr. 295

Cornes v. Harris

New York Court of Appeals

Decided January 15, 1848

New York Court of Appeals · decided 1848-01-15

<p> Judgment affirmed. </p>

Decided 1848-01-15

¶1This was a case in relation to the action of nuisance, by writ of nuisance, under 2 R. S. 832. It was held that the declaration in such an action must show that the plaintiff has a freehold estate in the premises affected by the nuisance. Possession of the premises affected by the nuisance is sufficient to sustain an action on the case for damages arising from the nuisance. (Reported, 1 Comstock, 223.)

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