Stevens v. Rhinelander
The Superior Court of New York City
This action was brought by the plaintiffs, as owners of a pile pier in the Hudson river, in the city of ew York, adjoining land owned by them, to restrain the defendant from building a pier in such river adjoining land owned by them within one hundred feet of the pier of the plaintiffs.
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This action was brought by the plaintiffs, as owners of a pile pier in the Hudson river, in the city of ew York, adjoining land owned by them, to restrain the defendant from building a pier in such river adjoining land owned by them within one hundred feet of the pier of the plaintiffs. The complaint alleged as follows: On or about the 19th day of December, 1851, one John Anderson, demised certain land, water right, pier and premises in the city of New York hereinafter mentioned and described, to the plaintiffs, Edwin A. Stevens, and John 0. Stevens, and Robert L. Stevens, (now deceased,)…
1Opinion of the Court
*299The following opinion was given by the chief justice, who tried the cause:
Robertson, Ch. J.
Assuming that not only the plaintiffs’ wharfage, derived from mooring vessels to part of their structure, will be taken away by the structure contemplated by the defendant; but that the latter will interfere with the ready access to the former, of ferry boats belonging to the plaintiff; the justification of the defendant’s right to erect such a structure, depends altogether on the power of the corporation of the city of New York, to authorize the defendant to build such structure while that of the…
2Cases cited10 opinions
- Mills v. HallNew York Supreme Court · 1832
- Benson v. MayorNew York Supreme Court · 1850
- Vedder v. VedderCourt for the Trial of Impeachments and Correction of Errors · 1845
- Brown v. . the Cayuga and Susquehanna Railroad Co.New York Court of Appeals · 1855
- The People v. . VanderbiltNew York Court of Appeals · 1863
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