Legal Opinion

In re to Lay out Driveway in City of New York

New York Supreme Court

Decided January 15, 1905PublishedCited by 2 opinions

Application by the corporation counsel to lay out, establish and regulate a public driveway in the city of Few York pursuant to Laws 1893, chapter 102.

1Opinion of the CourtBlanchard, J.

The owners of the upland were entitled to riparian easements (Matter of City of New York, 168 N. Y. 134), but had no title to the fee of the land under the water of Harlem river. Their ownership extended to high-water mark only. Sage v. Mayor, 154 id. 61. The commissioners, therefore, properly refused to award damages for land under water taken for the speedway or for land filled in by the city lying between the westerly line of the speedway and high-water mark. The contention of counsel for Bell *158and others that-this filled-in land should be regarded as an accretion to the upland has no…

2Cases cited4 opinions

  1. Sage v. Mayor of New YorkNew York Court of Appeals · 1897
  2. Matter of City of New YorkNew York Court of Appeals · 1901
  3. Steers v. . City of BrooklynNew York Court of Appeals · 1885
  4. In re State Reservation at NiagaraNew York Supreme Court · 1884

3Cited by2 opinions

  1. Western Pac. Ry. Co. v. Southern Pac. Co.Court of Appeals for the Ninth Circuit · 1907
  2. Kansas v. MeriwetherCourt of Appeals for the Eighth Circuit · 1910

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