McCarty v. Natural Carbonic Gas Co.
New York Court of Appeals
81 N.E. 549 (1907)
McCarty (plaintiff) owned a home in a country district of Saratoga Springs. Natural Carbonic Gas Co. (defendant) later built a nearby factory that compressed natural gas using steam generated by burning soft coal, producing thick black smoke that periodically enveloped McCarty's home, discolored its exterior, and reduced its rental value by $800; a nearby competitor's similar factory avoided this problem by using cleaner-burning anthracite coal, which Natural Carbonic could have used as well but chose not to because it was more expensive. McCarty sued for nuisance seeking damages and an injunction, and the trial court found Natural Carbonic's use of its property unreasonable, awarding both remedies; the court of appeals affirmed with a minor damages modification.
Whether a private nuisance exists if an owner of land unreasonably uses his property and causes another owner's enjoyment of life and property to be materially lessened.