Bohm v. Port Jervis Gas-Light Co.

12 N.Y. St. Rep. 875

Opinion

Barnard, P. J.

principle governing this case has so recently been decided by the court of appeals (Cogswell v. N. Y. C., etc., R. R., 103 N. Y., 10; 3 N. Y. State Rep., 56), that if an appeal can only be taken by the permission of the general term, such permission should not be granted. The plaintiff is a property owner whose occupancy of her property is made unhealthy and disagreeable by. foul oders created by the defendant. It is true that the defendant has a corporate franchise from the legislature, but under the case above cited the plaintiff can prevent a substantial injury to her just rights, although the invasion of these rights be done under cover of a corporate franchise.

Motion denied, with ten dollars costs.

Pratt and Dykman, JJ., concur.