Quimbee logo
DMCA.com Protection Status

Bove v. Donner-Hanna Coke Corp.

258 N.Y.S. 229 (1932)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

Bove v. Donner-Hanna Coke Corp.

New York Supreme Court, Appellate Division

258 N.Y.S. 229 (1932)

Facts

In 1910, Antonia Bove (plaintiff) purchased two lots in a commercial and industrial area of Buffalo, New York, and built a house to use as a grocery store, a personal residence, and rental apartments. Across the street from Bove, Donner-Hanna Coke Corporation (Donner-Hanna) (defendant) operated a coke oven from which clouds of steam, dust, and soot emanated. Although Donner-Hanna had moved into that location after Bove moved into her house, the area was already an industrial area by the time Bove purchased her lots, and there were already eight industrial plants within a one-mile radius of Bove’s house. Further, in 1925, the City of Buffalo passed an ordinance zoning the area as permissible for industrial use, specifically including coke ovens. Bove brought suit for injunctive relief and damages, arguing that Donner-Hanna’s oven had caused Bove severe headaches, injured her and her family’s health, and reduced the rental value of her property, making it at times impossible to rent out the apartments. Bove argued that the use of the oven had deprived Bove of her property rights and constituted a private nuisance. The trial court rejected Bove’s argument, and Bove appealed.

Rule of Law

Issue

Holding and Reasoning (Edgcomb, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership