Gould v. James
New York Supreme Court
The action in the court below was trespass, by Gould against James, for en-On error from Queens county C, P. tering the close of the former at Lloyd’s Neck, in the town of Oyster Bay, Queens county, and catching, taking and carrying away oysters. Plea, that the locus in quo was, at the time when, &c. a navigable river, or arm of the sea ; 7 ° . . . and a free fishery for any of the citizens of this state. The replication took issue on this fact.
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The action in the court below was trespass, by Gould against James, for en-On error from Queens county C, P. tering the close of the former at Lloyd’s Neck, in the town of Oyster Bay, Queens county, and catching, taking and carrying away oysters. Plea, that the locus in quo was, at the time when, &c. a navigable river, or arm of the sea ; 7 ° . . . and a free fishery for any of the citizens of this state. The replication took issue on this fact. At the trial, (Nov. 30th,, 1822,) the plaintiff claimed , , . V , , . . ’ • 1 . • t , • the locus m quo, as belonging in fee simple to inhabitants of…
1Opinion of the Court
Curia, per
Savage, Chief Justice.
The first question is as to the competency of Cogswell. Courts have lately inclined strongly to the rule, that nothing but an interest in the event of a cause, shall disqualify a witness as interested. Phillips, in his treatise on e vidence, (1 vol. 47,) Says, when the issue does not affect any common right ; but is merely on a right of common, claimed by prescription, as belonging to the estate of A, one who claims a prescriptive right of common in right of his own estate, may be a witness ; for though A may have such a right of common, it does not follow that…
2Cases cited1 opinion
- Palmer v. MulliganNew York Supreme Court · 1805
3Cited by7 opinions
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- Slingerland v. International Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Finch, Pruyn & Co. v. StateNew York Court of Claims · 1924
- Folsom v. FreebornSupreme Court of Rhode Island · 1881
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