Legal Opinion

Atlantic Dock Co. v. City of Brooklyn

New York Court of Appeals

Decided June 15, 1867PublishedCited by 3 opinions

Appeal from the Supreme Court. The action was for the recovery, under the riot act of 1855, of the damages sustained by the plaintiffs through injuries to their property by a mob on the 15th of July, 1863. The complaint alleged the facts-on which the claim was based, and the answer consisted of a mere denial of the allegations.

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Appeal from the Supreme Court. The action was for the recovery, under the riot act of 1855, of the damages sustained by the plaintiffs through injuries to their property by a mob on the 15th of July, 1863. The complaint alleged the facts-on which the claim was based, and the answer consisted of a mere denial of the allegations. The cause was tried at the Kings Circuit,-on the 15th of June, 1864, before Mr. Justice Lott ánd a jury; and it resulted in a verdict in favor of the plaintiffs for $17,450.66. It appeared, on the trial, that the pier injured by the mob was erected on piles in the…

1Opinion of the CourtPorter, J.

The statute under which the action was brought is free from constitutional objection. (Darlington v. Mayor of New York, 31 N. Y. 164.) The pier injured by the rioters was within the limits of the city of Brooklyn. It has been repeatedly adjudged that the boundary of territorial jurisdiction between the counties of ¡New York and Kings is the actual line of low water on the Brooklyn side; whether corresponding with the original low water line on the East river shore, or varied by the permanent encroachment of docks, piers and wharves, or other artificial erections fol* the purposes of general…

2Cases cited3 opinions

  1. Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
  2. Luke v. City of BrooklynNew York Supreme Court · 1864
  3. Stryker v. MayorNew York Supreme Court · 1821

3Cited by3 opinions

  1. Tebo v. . City of BrooklynNew York Court of Appeals · 1892
  2. Fairchild v. Union Ferry Co. of New YorkNew York Supreme Court · 1921
  3. People v. PrillenAppellate Division of the Supreme Court of the State of New York · 1902

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