Clark v. Peckham
Supreme Court of Rhode Island
Action of the case, to recover damages of the city of Providence, for injuries caused by filling up the dock of the plaintiff.
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Action of the case, to recover damages of the city of Providence, for injuries caused by filling up the dock of the plaintiff. The case was first tried at the March Term, 1868, of the Supreme Court for this county, and after a verdict rendered in favor of the plaintiff, a new trial was granted at the March Term, 1870, of the Supreme Court for this county (see report of the case, 9 R. I. 455), and the case was again tried at tbe October Term, 1870, of said court for this county, before Mr. Justice Potter and a jury, when, after a verdict in favor of tbe plaintiff for nine thousand dollars, tbe…
1Opinion of the Court
Potter, J. 1
In this case the plaintiff was owner or occupant of two wharves, claiming title under the Dorrance Street Association, which had formerly filled in a large tract of land. There was a dock between these two wharves. The land at the head of this dock was claimed to be a part of the land filled in by the Association. On the part of the city it was claimed that the piece at the head of the dock (where the sewer emptied into the river) had become a highway by the filling in or by dedication.
If Dorrance Street formerly extended to the water, then as the proprietors filled in, the street…
2Cases cited2 opinions
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- Bowman v. WathenDistrict Court, D. Indiana · 1841
3Cited by7 opinions
- Sound Marine & MacHine Corp. v. Westchester CountyCourt of Appeals for the Second Circuit · 1938
- Town of Warren v. Thornton-WhitehouseSupreme Court of Rhode Island · 1999
- State v. IbbisonSupreme Court of Rhode Island · 1982
- Greater Providence Chamber of Commerce v. StateSupreme Court of Rhode Island · 1995
- Jackvony v. PowelSupreme Court of Rhode Island · 1941
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