Trustees of the Freeholders & Commonalty of Southampton v. Jessup
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 29, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 29, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The main facts upon this appeal are substantially the same as they appeared upon the former apjoeal and as stated in 162 N. Y. 122. The judgment of the trial court restrains the defendant “ from digging, excavating, embanking or otherwise disturbing the lands under the waters of the Great South Bay at or adjacent to Potunk Point, described in the complaint,…
1Opinion of the CourtVann, J.
On the 2nd of June, 1888, the plaintiffs adopted a resolution of which the following is a copy: “Besolved: That Rathan C. Jessup be and is hereby given liberty to make a roadway and. to erect a bridge across the Great South Bay, commencing at the south point of P-otunk Reck; thence Tunning southerly to the beach, the said bridge to be a drawbridge of a width of not less than twenty feet, the height above the meadow three feet, and the draw to be twenty feet wide, and the said Rathan C. Jessup shall not cause any unnecessary delay to those navigating the waters of said bay.”
This resolution is…
2Cases cited6 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Trustees of Freeholders & Commonalty v. JessupNew York Court of Appeals · 1900
- People Ex Rel. Howell v. . JessupNew York Court of Appeals · 1899
- Newhall v. . AppletonNew York Court of Appeals · 1889
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- Young v. United States Mortgage & Trust Co.New York Court of Appeals · 1915
- Saccucci Auto Group, Inc. v. American Honda Motor Co.Court of Appeals for the First Circuit · 2010
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