An injunction granted to restrain a defendant from obstructing a street in the city of New-YorJc, by building a house thereon; it being not only a public nuisance, but producing a special injury to the plaintiff’s, by affecting the enjoyment of their property in the vicinity, and the value of it.
BILL for an injunction to restrain the defendant from obstructing Vestry-street, in the city of JYew-Yorh, and averring that he was building a house upon that street, to *440the great injury of the plaintiffs, as owners of lots on and adjoining that street, and that Vestry-street has been laid out, regulated, and paved, for about twenty years.
C. Graham, for the motion.
distinguished this case from that of The Attorney General v. The Utica Insurance Company, (2 Johns. Ch. Rep. 371.) inasmuch as here was a special grievance to the plaintiffs, affecting the enjoyment of their property, and the value of it. The obstruction was not only a common or public nuisance, but worked a special injury to the plaintiffs.
Injunction granted.
6 Johns. Ch. 439
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