New York Court of Appeals

Abijah S. Wakeman, Appellant v. Sylvia A. Wilbur, Respondents

December 10, 1895147 N.Y. 657

Summary

The New York Court of Appeals affirmed the referee’s judgment, holding that an obstruction of a public highway is a public nuisance and that a private individual who suffers special damages may sue to abate it, and that a defense of an adequate statutory remedy raised for the first time after judgment is not a valid ground for reversal.