The Law And Practice in Civil Actions And Proceedings in Justices' Courts And On Appeals to the County Courts in the State of New York : Including the Principles of Law Relating to Actions Or Defenses; the Rules of Practice, Pleading, And Evidence; Togeth

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Cory v. Silcox, 6 Ind. 39 ; Casor ieer v. Mowry, 55 Penn. St. 419. Where one maintains a nuisance upon his lands, which renders the premises of his neighbor disagreeable and uncomfortable, the proper measure of damages is the difference in the rental value, free from the effects of the nuisance and subject to it.
Mclieon V. See, 4 Robt. 449 ; Chipman v. Palmer, 9 Hun, 517; 77 N. Y. 51 ; Jutte v. Hughes, 67 id. 267 ; Francis v. SchoeUkopf, 53 id. 152. And evidence that, in consequence of the num
...ber of persons employed'in the business creating the nuisance, the commercial and rental value of the injured premises is enhanced, is not proper in reduc- tion of damages. lb.
Whenever a nuisance is of such a character that its continuance is necessarily an injury, and when it is of a permanent character that will continue without change from any cause but human labor, then the damage is an original damage and may be at once fully compensated.
See 4 Act. and Def . 777 ; and the statute of linitations begins at once to run on an action for damages.


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