Trustees of the Freeholders & Commonalty of Brookhaven v. Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 5, 1904, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 5, 1904, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The owner of upland bordering upon navigable waters has riparian rights, including the right to make, maintain and use a suitable wharf or pier for a means of access to the navigable part of such waters. (T. I. S. Co. v. Visger, 179 N. Y. 206; Rumsey v. N. Y. & N. E.…
1Opinion of the CourtGbay, J.
This action is in trespass, for building a pier upon certain lands under water, in the Great South bay; of which the plaintiff, the town of Brookhaven, is seized in fee, under crown grants made by royal governors in the years 1666, 1686 and 1693. The appellant Smith is the owner of a. piece of upland, bounded on high water mark, by title derived under a crown grant made to William FTicoll in 1697. From this upland a pier, built upon piles, extended for about 150 feet into and over the waters of the bay; which was owned and used by Smith and the other defendants for then greater convenience…
2Cases cited17 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Scranton v. WheelerSupreme Court of the United States · 1900
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
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- Appleby v. City of New YorkSupreme Court of the United States · 1926
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
- City of New York v. Wilson & Co.New York Court of Appeals · 1938
- Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1922
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