Board of Commissioners v. Erie Railway Co.
The Superior Court of New York City
This action was brought to recover a penalty of $25 per day, imposed by section 8 of the act “ to establish regulations for the port of New York,” passed April 16, 1857, as amended -by chapter 226 of the Laws of 1858. {Laws of 1857, vol. 2, p. 487, § 8. Id. 1858, p. 363, § 5.) The complaint averred that the defendants, being in the use and occupation of certain bulkheads in the city and port of New Y"ork, between the piers known as piers Nos. 30 and 31, 31 and 32, and 32 and…
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This action was brought to recover a penalty of $25 per day, imposed by section 8 of the act “ to establish regulations for the port of New York,” passed April 16, 1857, as amended -by chapter 226 of the Laws of 1858. {Laws of 1857, vol. 2, p. 487, § 8. Id. 1858, p. 363, § 5.) The complaint averred that the defendants, being in the use and occupation of certain bulkheads in the city and port of New Y"ork, between the piers known as piers Nos. 30 and 31, 31 and 32, and 32 and 33, North river, placed andkept on the said bulkheads obstructions built upon and affixed thereto, consisting of…
1Dissent
McCunn, J. (dissenting.)
This action was brought to recover from the defendants a penalty of $25 per day, for 107 days, under a statute passed in 1857 and amended in 1858, for neglect in conforming to a notice of the plaintiffs to remove certain obstructions on bulkheads between piers 30 and 31, 31 and'32, and 32 and 33, in the city of New York, in the Hudson river, for the period between December 2, 1864, and March 20, 1865. The most material question in this case is whether the erections complained of in the complaint were “ obstructions ” within the meaning of the act; because, if they were…
2Cases cited2 opinions
- Hall v. . Western Transportation Co.New York Court of Appeals · 1866
- Board of Commissioners of Pilots v. VanderbiltNew York Court of Appeals · 1864