Simmons-Baker Co. v. Development & Funding Co.

Headnote

Simmons-Baker Co. v. Development & Funding Co., 164 App. Div. 909 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 14, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term. The complaint alleged that the plaintiff was the owner of eighty-eight lots in what is known as the Riverview Addition in Niagara Falls, a residence district; that since the early part of the year. 1905 the defendant, in operating its factory, “ created a nuisance ” by generating and producing large volumes of chlorine gas and other gases, etc., which came on plaintiff’s premises, contaminating, polluting and poisoning the' air, destroying and injuring trees and vegetation; that the gases, etc., were offensive, obnoxious and injurious to the human system; that the plaintiff’s lots have been rendered unsalable and the value thereof greatly reduced, and that the plaintiff’s premises have been rendered undesirable as a residential district. The answer consisted of certain admissions and denials and an affirmative allegation to the effect that defendant’s factory

was located in a section of Niagara Falls devoted to manufacturing enterprises, and not to residences.