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.