Bedlow v. New York Floating Dry Dock Co.
New York Court of Appeals
Appeal from judgment of the General Term of tne Supreme Court in the first judicial department, entered upon an order made at the Hay Term, 1887, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. (Reported below, 44 Hun, 378.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of tne Supreme Court in the first judicial department, entered upon an order made at the Hay Term, 1887, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. (Reported below, 44 Hun, 378.) The nature of the action and the material facts are stated in the opinion. Henry Rutgers being the owner of the upland and the grantee of the city of land to low-water mark, his devisees had the right of riparian owners to built wharves and piers. (Dutton v. Strong, 1 Black. 23; State v. Jersey City, 1…
1Opinion of the Court
Ruger Ch. J.
In 1877, upon the termination of a lease, given originally in 1834 by the plaintiff’s ancestors to the defendant’s assignors, of lands lying on the East river in the city of New York, upon which was a wharf and bulk-head, the assignees of the original lease surrendered to the plaintiffs the demised premises, with the exception of an easement of access over the water of the harbor pertaining to the wharf. The property thus surrendered was then' found by the plaintiffs to be substantially excluded from communication with the harbor by a pier attached to the wharf, thirty-five feet…
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