41 Barb. 329 | N.Y. Sup. Ct. | 1863
It is well settled that every man has the absolute right to use his own property as he pleases, for all the purposes to which such property is usually applied, without being answerable for the consequences, provided he exercises proper care and skill to prevent any unnecessary injury to others. (4 Coms. 202.) This right to use his property as he pleases is unlimited and unqualified, up to the point where the particular use becomes a nui
Judgments reversed.
E. Darwin Smith, Johnson and Welles, Justices.]