New York Court of Appeals

Margaret Bohan, Respondent v. the Port Jervis Gaslight Company, Appellant

October 7, 1890122 N.Y. 18

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the gas company's use of naphtha created a private nuisance that interfered with the plaintiff's enjoyment of her property, and that statutory authority does not immunize the corporation absent an express grant. A dissent argued that negligence should be required to impose liability.