This section contains the nature of the case and procedural background.

D parks and stores its trucks on the pedestrian sidewalk in front of its own building. P owns three tenement houses on the same side of the street adjacent to D. D has operated at the site in question for some 25 years. D claims to have used the sidewalk in the same manner for 10 years. P purchased its property in late 1955 and remodeled the lower stories in early 1956. The property is used and rented as a multiple dwelling, and P claims that its rental value has been adversely affected by the obstruction of the adjacent sidewalk. D parks the trucks on the sidewalk when they are not being loaded or unloaded. The effect is to block the sidewalk substantially with respect to access to the P's premises, but not to preclude entirely pedestrian traffic. P sued D for nuisance and got an injunction and nominal damages. D appealed.

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