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Property Keyed to Merrill
Campbell v. Seaman
Citation:
63 N.Y. 568 (N.Y. 1876)Facts
The plaintiffs, the Campbells, owned, lived, and built on 40 acres of land in the Village of Castleton. The plaintiffs built an expensive mansion and laid out the grounds and planted them with ornamental and useful trees and vines. The defendant, Nathan Seaman, occasionally operated a brick yard on neighboring property. Brick burning is an essential part of the brick making process. During the brick burning process, a kiln sulphuric acid gas was produced that killed the foliage and destroyed between 100-150 valuable trees on the plaintiff’s land. At trial, the plaintiff sued the defendant for nuisance and requested a writ of injunction to stop and prohibit the defendant from using his land for brick burning.
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