Roe v. . Strong
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1884, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. This action was brought to recover damages for an alleged trespass and to compel the removal of the structures complained of.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1884, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. This action was brought to recover damages for an alleged trespass and to compel the removal of the structures complained of. The complaint alleges that plaintiffs are owners of certain premises situate at Setauket, in the town of Brookhaven, Suffolk county, adjacent to and in front of an arm of Setauket Harbor, and a navigable bay or arm of…
1Opinion of the CourtAndrews, J.
The judgment requires the defendants to-remove the wharf and bridge erected by them, from the. upland on the southerly side of Setauket harbor, and also from that part of the shore adjacent to the upland, between high-water mark, and the northerly line of land described in a deed, executed in 1768, by one Seaton, under which plaintiffs claim.. The judgment rests upon the finding that the plaintiffs are the-owners of the upland and of the adjacent shore up to the line, in the Seaton deed.
The plaintiffs, on the trial, rested their case upon the claim, that they had the legal title to the upland…
2Cases cited7 opinions
- Rogers v. JonesNew York Supreme Court · 1828
- Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875
- Pearsall v. PostNew York Supreme Court · 1838
- Fort Plain Bridge Co. v. . SmithNew York Court of Appeals · 1864
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- De Lancey v. . PiepgrasNew York Court of Appeals · 1893
- Poster v. StroughAppellate Division of the Supreme Court of the State of New York · 2002
- Grace v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1915
- Whealton & Wisherd v. DoughtySupreme Court of Virginia · 1911
17 more not listed; retrieve them via the Exa API.