People v. Vanderbilt
New York Supreme Court
APPEAL from a judgment entered at a special term. The action was brought to restrain the defendant from erecting a pier in the waters of the harbor of Hew York, south of pier Ho. 1, Horth river, opposite the battery and Battery place.
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APPEAL from a judgment entered at a special term. The action was brought to restrain the defendant from erecting a pier in the waters of the harbor of Hew York, south of pier Ho. 1, Horth river, opposite the battery and Battery place. The title of the people of the state to the bay and harbor of Hew York, and their sovereign right to the use and enjoyment thereof, for the purposes of commerce and navigation, free from all interruption and encroachment, were alleged in the complaint, and not denied in the answer. The judge before whom the cause was tried, at the circuit, found the following…
1Opinion of the Court
By the Court, Ingraham, P.J.
This action was brought to restrain the defendant from enlarging a pier known as No. 1, North river, adjoining the battery. The right of the defend*292ant to make such enlargement is claimed under a resolution of the common council, passed in 1853, granting permission to the defendant to widen the pier and to extend it to the permanent or exterior line. The right of the corporation to grant such a permission depends upon their title to the land upon which the pier was to be erected. The claim of title in the corporation is based upon the act of March, 1821, which…
2Cited by7 opinions
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- Board of Health v. . CopcuttNew York Court of Appeals · 1893
- In re State Reservation at NiagaraNew York Supreme Court · 1884
- Tiffany v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1920
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