White v. Tebo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William M. Tebo, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of February., 1899, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Cullen, J.:. This action is brought to recover damages for injury to a wharf or pier of the plaintiff, caused by excavations made by the defendant. The action was tried before a justice of this court, a jury having been waived. The premises of both parties are situated in the borough' of Brooklyn, fronting on Hew York bay, and include lands under water out to the permanent bulkhead line. The plaintiff’s property lies on the southerly side of Twenty-fourth street, and on it he had constructed and maintained a pier or wharf. The defendant is the owner of lands to the north of the center line of…
2Cases cited4 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Farrand v. MarshallNew York Supreme Court · 1853
- Oneil v. HarkinsCourt of Appeals of Kentucky · 1871
3Cited by3 opinions
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Riley v. Continuous Rail Joint Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1906
- Village of Haverstraw v. EckersonAppellate Division of the Supreme Court of the State of New York · 1908