Full Case Name
Shelburne, Inc., v. Crossan Corp. and R.C. Maxwell Co.
Description
The court found that an illuminated sign created light trespass on a neighboring hotel, which was considered a nuisance that materially affected their guests at night. The court restrained the business from operating the sign after midnight.
Date
11-21-1923
Court
Chancery Court of New Jersey
Jurisdiction
New Jersey
Plaintiffs
Defendants
Incident Location
Atlantic City, NJ
Disputed Act
R.C. Maxwell Co., rents the roof of Crossan Co.'s building for the purpose of putting up signs. One of the signs is illuminated and its light shines on the bedroom windows of the neighboring building, the Shelburne hotel. The Shelburne hotel's complaint is that this light trespass from the illuminated sign detrimentally affects their business because it disturbs their guests.
Holding
The court held that Shelburne, inc. is entitled to a decree against R.C. Maxwell Co. restraining the operation of the electric sign, but only during the night and only after the hour of midnight.
Disposition