Board of Commissioners of Pilots v. Clark
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The action was brought to recover certain penalties imposed by a statute passed in 1858, in the following words: “ Whenever any pier or bulkhead in the port of Hew York shall be incumbered, or its free use interfered with, by merchandise, lumber, or any other obstructions, whether of loose material, or built upon, or affixed to the pier or bulkhead, it shall be the duty of the commissioners [of pilots] to notify the person or…
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Appeal from a judgment of the Supreme Court. The action was brought to recover certain penalties imposed by a statute passed in 1858, in the following words: “ Whenever any pier or bulkhead in the port of Hew York shall be incumbered, or its free use interfered with, by merchandise, lumber, or any other obstructions, whether of loose material, or built upon, or affixed to the pier or bulkhead, it shall be the duty of the commissioners [of pilots] to notify the person or persons placing or keeping such merchandise or obstruction on such pier or bulkhead, to remove such merchandise or…
1Opinion of the Court
Denio, Ch. J.
The fact that H. B. Cromwell was the lessee of the pier Ho. 9, did not confer upon him or the vessels which he owned any exclusive right to its possession, use or control. By force of the lease he became entitled to the wharfage accruing at the pier. So far as it was used by his own vessels or by vessels in which he was interested, the wharfage, if there had been any, was to be paid by the same party who was entitled to receive it. So far as it was made use of by other parties, he, as the grantee of the'city, succeeded to the rights of the corporation in respect to wharf-age. It…
2Cited by27 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Sturgis v. . SpoffordNew York Court of Appeals · 1871
- Haynes v. . AldrichNew York Court of Appeals · 1892
- People ex rel. Swan v. DoxseeAppellate Division of the Supreme Court of the State of New York · 1910
- People v. MalloryNew York Supreme Court · 1873
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