Legal Opinion

In Re Common Council Ex Rel. Opening of North Thirteenth Street

New York Court of Appeals

Decided March 26, 1878PublishedCited by 26 opinions

Appeal from order of the General Term of the Supreme-Court, in the second judicial department, affirming an order of Special "Term which confirmed the report of commissioners appointed to assess damages in proceedings instituted by the common council' of the city of Brooklyn under chapter 833, Laws of 1871, for the opening of North Thirteenth street in said city.

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Appeal from order of the General Term of the Supreme-Court, in the second judicial department, affirming an order of Special "Term which confirmed the report of commissioners appointed to assess damages in proceedings instituted by the common council' of the city of Brooklyn under chapter 833, Laws of 1871, for the opening of North Thirteenth street in said city. The appellants who were The Charles Pratt Manufacturing Company, Charles Pratt & Caroline Kloss, objected to-the report on the ground that the act (chapter 334, Laws of 1873), by extending the bulk-head line rendered the opening-as…

1Opinion of the CourtAllen, J.

We have nothing before us by which we can determine, with any certainty, where Bushwick inlet, a. stream wholly within Kings county, terminates by a junction with East river, which, from low-water mark, is within the terminal limits of the city and county of New York. In the absence of evidence leading to a different conclusion, it must be assumed that the Legislature, in fixing the bulk-head lines in front of the lands of the appellants, at the foot of North Thirteenth street extended, regarded the waters as a part of the East river, whatever may have been, or may be, the form of the shore…

2Cases cited2 opinions

  1. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  2. People v. LambierNew York Supreme Court · 1847

3Cited by26 opinions

  1. In Re Vil. of Olean v. . SteynerNew York Court of Appeals · 1892
  2. Teass v. City of St. AlbansWest Virginia Supreme Court · 1893
  3. Matter of AdamsNew York Court of Appeals · 1894
  4. Knickerbocker Ice Co. v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1903
  5. Tanner v. Provo Bench Canal & Irrigation Co.Utah Supreme Court · 1911

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