The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-20
RIGHTS OF PROPERTY OWNERS ALONG
BROADWAY.
The Broadway Bridge Ordered to Be Re.
moved.

The Broadway Bridge Ordered to Be Re.
moved.
SUPREME CoURr-DEcIsION OF JUDGE DANIELS.
Charles KnoI against The Mayor, de-, or the Cttv
or Ne,c York.-The plaintiff brought this suit as an
action In equity for the removal and abatement Of
what he complains Of as public nuisance, specially
injurious to himself It appears from the complaint
as well as the evidence given the trial OF the
tion that the plaintiff 10 lessee for term OF years OF
the premises affected by the structure complained or
and that he has erected upon them valuable build
ing at expense Of $4,000 This building Ia stu
ated upon the northeasterly OF Fulton street
and Broadway, and has been and Is now occupied In
part by the plaintiff as q store and in part IL has
been leased out to and occupied by hls
under tenants. In the outset OF the trial the
defendant objected that the plaintiff could not main
tain this action for the abatement OF the structure
in controversy as nuisance because he did not own
an estate in fee in the premises anected by It, and
authorities were produced showing that such was
the rule which prevailed In courts OF law upon this
subject. Under that rule the plaintiffs remedy at
law, as a tenant merely, would be that Of O special
action on the case, 1t was called before the code
for the recovery OF damages And such actions
could be brought II the plaintiff should prove 10 be
entitled TO maintain them from time to time, the
damages he might sustain would justify resort TO
them during the continuance OF the cause producing
them. Under that rule he would be bound TO sub
init to the continuance OF the wrong for such time
his interest in the leasehold premises continued
If the public authorities should maintain 1t az
long as that The only other remedy open to
him would be that enjoyed by him. in common with
every other member OF the community of indcting
the defendant for msdemeanor committed by the
act OF erecting and maintaining common nuisance,
and that would be subject to embellishments and
obstacles that II is not necessary TO enumerate.
IL Is sufficient say that he not bound TO resort
TO that proceeding even II the structure In contro
versy could be clearly established to constitute
common nuisance. The fact that he could, as ten
ant Of the premises which 1t Is complained are In.
jured, maintain only actions at law for damages, and
that such actions would have to be from time to
time repeated, a. the damages might continue TO &C
crue, without resulting In the removal OF the struc-
ture ITSELF Ia SUFFICIENT 10 entte the plaintiff TO
bring his action In this court as court OF equity.
IL so for three reasons. First that he has ade
quate remedy at law; secondly, to prevent multi
P.city Of actions and thirdly to prevent irreparable
Injury BY tie continuance OF the nuisance itself.
q Story's Ed; Jur section ga, spencer London
and Birmingham Railroad Co.; slmons, 1893; ssmp-
4 Keen ies; Catlin vs.. Valentine, 9, page 676j A
complete and adequate remedy In cases Of Duisances
when us9o thew are Of public nature can be Sgmns
tered In this court unembarrassed by the technical
rules prevailing upon the subject In courts OF law:
prove to be well founded he has presented such
case as Tor the reasons already mentioned may be
properly redressed by this court az a Court OF
Equity The structure which the PLAINTIFF In this
action alleges has been erected, and IL now main
tafpd by The defendant In violation OF his rights as
the tenant and occupant OF the premises mentioned,
IL n bridge elevated at the heights OF eighteen
fec the junction Of Fulton street and Broadway.
This bridae Is reached 10y stairs provided FIR that
purpose az each OF lie corners resting uApn the side
walk on Drvadway They extend TO such distance
along the sidewalks from the sides of the top the
bridge as to hNord proper means Of ascending and
descending frtNn the bridge itself. In 'front.' u tue
pla1ts store the Sidewalk II thirteen feet IN sidth