New York Court of Appeals

Esther Francis, Respondent v. Jacob F. Schoellkopf, Appellant

June 10, 187353 N.Y. 152

Summary

The Court affirmed the lower court's judgment, holding that a plaintiff who suffers a particular injury from a common nuisance may recover damages measured by the loss in rental value, and that evidence of increased property value due to the defendant's employment does not reduce those damages. The Court also presumed that offensive matter found on a vacant lot adjacent to the defendant's tannery was placed there by the defendant.