Cortelyou v. Van Brundt
New York Supreme Court
This was an action' of trespass, quare clausum fregit, for entering and digging up the soil, and erecting a hut on the plaintiff’s close, in N.ew-Utrecht, in Kings County.' The defendant pleaded not guilty, and gave notice, that he would offer in.evidence, that the freeholders and inhabitants oCNeiv-XJtrecht' had, from time immemorial, used, at all .proper seasons, the right of fishing in the , .... . , ' 7 ■ • • . n bay or sea adjoining tne close in question, ana or using…
Read the full summary
This was an action' of trespass, quare clausum fregit, for entering and digging up the soil, and erecting a hut on the plaintiff’s close, in N.ew-Utrecht, in Kings County.' The defendant pleaded not guilty, and gave notice, that he would offer in.evidence, that the freeholders and inhabitants oCNeiv-XJtrecht' had, from time immemorial, used, at all .proper seasons, the right of fishing in the , .... . , ' 7 ■ • • . n bay or sea adjoining tne close in question, ana or using and occupying the shore or beach, adjoining the said bay, for the .purpose and convenience of fishing in the bay or ge£l)…
1Opinion of the Court
Thompson, !.
The case states that the erection of the hut was the only trespass attempted to be proved. The first question is, whether the matters of fact, contained in the 1st and 3d branches of the notice annexed to the plea, were relevant to the defence, and ought to have been admitted in evidence. These facts went only to support a custom in the inhabitants of New-Utrecht., and in the citizens of this state, to fish in the bay adjoining the close, and to use and occupy the shore for that purpose. I think this evidence was properly excluded, because, if admitted, the facts did not amount'to…
2Cited by33 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Massachusetts v. New YorkSupreme Court of the United States · 1926
- City of Dubuque v. MaloneySupreme Court of Iowa · 1859
- Thomas v. FordCourt of Appeals of Maryland · 1885
- City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870
28 more not listed; retrieve them via the Exa API.