Barnes v. Midland Railroad Terminal Co.
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 17, 1914, modifying and affirming as modified a final judgment in favor of plaintiffs entered upon the report of a referee with notice of intention to bring up for review the affirmance by the Appellate Division of an interlocutory judgment. The nature of the action and the facts, so far as material, are stated in the opinion.
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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 17, 1914, modifying and affirming as modified a final judgment in favor of plaintiffs entered upon the report of a referee with notice of intention to bring up for review the affirmance by the Appellate Division of an interlocutory judgment. The nature of the action and the facts, so far as material, are stated in the opinion. When a landlord and tenant, who, together, represent the whole interest, are willing to apportion as between themselves the damages to the…
1Opinion of the CourtCardozo, J.
The action is brought to restrain the continuance of a nuisance and for the recovery of damages. The nuisance complained of is the obstruction of part of the foreshore of Staten Island, and of the Sea Side Boulevard which is said to be a highway running along the uplands. The case was before this court on an earlier appeal (Barnes v. Midland R. R. Terminal Co., 193 N. Y. 378). In an opinion by Judge Werner, we defined the relative rights of the littoral owner on the one hand and the public on the other. We held that the littoral owner has the right to construct a pier in order to provide a…
2Cases cited30 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Bagley v. . SmithNew York Court of Appeals · 1853
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Weems Steamboat Co. of Baltimore v. People's Steamboat Co.Supreme Court of the United States · 1909
- Weinman v. De PalmaSupreme Court of the United States · 1914
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3Cited by27 opinions
- People v. . Steeplechase Park Co.New York Court of Appeals · 1916
- Town of Leray v. New York Central RailroadNew York Court of Appeals · 1919
- Adams v. Elliott, Et VirSupreme Court of Florida · 1937
- Town of Hempstead v. Oceanside Yacht Harbor, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- Troy Bank & Trust Company v. BrantleySupreme Court of Alabama · 1955
22 more not listed; retrieve them via the Exa API.