New York Court of Appeals

Angel K. Jorgensen, Appellant v. Flavius S. Squires, Respondents

January 15, 1895144 N.Y. 280

Summary

The Court affirmed the lower court's order granting a new trial because the trial judge erred in instructing the jury that the cellarway was an unlawful structure and a public nuisance per se, disregarding the presumption of municipal consent arising from its long, unchallenged existence.