10 Abb. Pr. 365 | N.Y. Sup. Ct. | 1860
—On the supposition that the plaintiff left the wood in the road by reason of the breaking down of his wagon, on which he was drawing it, he should have removed it without unnecessary delay; and as no witness pretended it did not obstruct the road to some extent, it became a nuisance, if it lay there an unreasonable time. (See 9 Wend., 584; Rex a. Jones, 3 Campb., 230.) A man'may throw wood into a highway for the purpose of having it carried to his house, but unless he remove it with promptness, he may be indicted for a nuisance. (See 1 Sergt. & R., 220; 1 Den., 524.) If the wood in question was left in the road for the reason I have mentioned, the plaintiff let it remain there an unreasonable time, and the defendant had the right to remove it as a nuisance.
The only other question in the case is, whether the defendant was guilty of unnecessarily or wantonly destroying the wood.
Decision accordingly.
Present, Masox, Balcom, Campbell, and Pakkbr, JJ.