6 Johns. Ch. 439
Decided December 7, 1822
New York Court of Chancery · decided 1822-12-07
BILL for an injunction to restrain the defendant from obstructing Vestry-street, in the city of JYew-Yorh, and averring that he was building a house upon that street, to the great injury of the plaintiffs, as owners of lots on and adjoining that street, and that Vestry-street has been laid out, regulated, and paved, for about twenty years.
Good law ✅— No negative treatment on recordhow we know
Decided 1822-12-07
Cited by 28 later decisions (2 by the Supreme Court) — most recently December 1984 · most notably Thompson Willson v. The Black Bird Creek Marsh Company (1829), The State of Pennsylvania v. The Wheeling and Belmont Brideg Company William Otterson and George Croft (1851)
16 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1distinguished this case from that of The Attorney General v. The Utica Insurance Company, (2 Johns. Ch. Rep. 371.) inasmuch as here was a special grievance to the plaintiffs, affecting the enjoyment of their property, and the value of it. The obstruction was not only a common or public nuisance, but worked a special injury to the plaintiffs.
¶2Injunction granted.