228 A.D. 118 | N.Y. App. Div. | 1930
Defendant owns and operates a plant in Rensselaer county ,for the manufacture of gunpowder. Oh March 16, 1928, there were explosions of thousands of pounds, damaging plaintiffs’ house in the village of Schaghticolce, about half a mile away. The jury found that the damage was caused by the explosions, and that the defendant maintained a nuisance. The defendant urges a reversal of plaintiffs’ judgment, principally because of the provisions of section 456 of the Labor Law (as amd. by Laws of 1922, chap. 421). This statute fixes the relative location of powder magazines, the quantity which each may contain and their distance from buildings, railroads and highways. The defendant had complied with the statute, and argues that an act which the law sanctions and authorizes is not a nuisance although it may cause damage to individual rights and private property.
Prior to the enactment of that statute it was a question of fact dependent upon the locality, quantity and surrounding circumstances, whether the storing of 'gunpowder in proximity to buildings was a private nuisance. (Heeg v. Licht, 80 N. Y. 579.) “ The statutory sanction which will justify an injury to private property
The judgment and order should be affirmed, with costs.
Van Kirk, P. J., Hinman, Davis and Whitmyer, JJ., concur.
Judgment and order affirmed, with costs.