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Campbell v. . Seaman

New York Court of Appeals (1876) | 63 N.Y. 568; 1876 N.Y. LEXIS 11

4 min read

TL;DR: A brick-making business released noxious gas that killed a neighbor's ornamental trees. The court found this to be a private nuisance and granted an injunction, holding that even a lawful business becomes a nuisance when it causes substantial, tangible harm to neighboring property.

Legal Significance: Establishes that a lawful business causing tangible, irreparable harm to neighboring property constitutes an enjoinable private nuisance. The convenience of the location or the fact that the plaintiff "came to the nuisance" are not valid defenses against a finding of substantial injury.