Legal Opinion

George v. . Village of Chester

New York Court of Appeals

Decided June 13, 1911PublishedCited by 7 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 11,1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action, and the facts, so far as material, are stated in the opinion. The ordinances were a proper exercise of the state’s police power. (Sprague v. Dorr, 185 Mass. 10; People v. Timmerman, 79 App.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 11,1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action, and the facts, so far as material, are stated in the opinion. The ordinances were a proper exercise of the state’s police power. (Sprague v. Dorr, 185 Mass. 10; People v. Timmerman, 79 App. Div. 565; Polinsky v. People, 73 N. Y. 65; People v. Lieberman, 175 N. Y. 440.) Using these waters for bathing camps for 50 or 100 people was clearly…

1Opinion of the CourtHiscock, J.

The plaintiff as trustee is and for some time has been in possession and enjoyment of certain premises adjacent to and in part constituting the bed of a small body of water known as “Long Pond ” or “Walton Lake.” It is found that he and “his predecessors in title have from time immemorial freely exercised in and upon said lake, and particularly the part thereof over and adjacent to said premises and as an incident and appurtenance to the ownership thereof, the rights of swimming, bath ing, watering cattle, boating, fishing and all other rights which are capable of exercise by riparian…

2Cited by7 opinions

  1. Pounds v. DarlingSupreme Court of Florida · 1918
  2. Commonwealth Water Co. v. BrunnerAppellate Division of the Supreme Court of the State of New York · 1916
  3. Harvey Realty Co. v. Borough of WallingfordSupreme Court of Connecticut · 1930
  4. City of New York v. . BlumNew York Court of Appeals · 1913
  5. Heaton v. . Village of ChesterNew York Court of Appeals · 1911

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