Legal Opinion

Vandewater v. City of New York

The Superior Court of New York City

Decided December 23, 1848PublishedCited by 4 opinions

Certiorari to one of the assistant justices’ courts. The corporation of the city of New York sued Vandewater for a penalty of $25, incurred hy him as master of a barge, in so placing the same as to obstruct a pier (No. 17) in the Hudson river, which pier had been assigned by the common council to the exclusive use of two steamboats. The ordinance under which the penalty was claimed, is stated in the opinion of the court.

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Certiorari to one of the assistant justices’ courts. The corporation of the city of New York sued Vandewater for a penalty of $25, incurred hy him as master of a barge, in so placing the same as to obstruct a pier (No. 17) in the Hudson river, which pier had been assigned by the common council to the exclusive use of two steamboats. The ordinance under which the penalty was claimed, is stated in the opinion of the court. The pier in question, which was between Cortland and Dey streets, was private property, in which the corporation of the city had no pecuniary interest, and had been leased by…

1Opinion of the CourtBy the Court. Sandford, J.

There are two classes of wharves and piers in the city of New York; the one owned by individuals, the other by the corporation of the city. Some of the slips in the city belong to the corporation, while others lie between private piers, or adjoin a public or a private pier. The city government is by law authorized to make all such ordinances as it may deem proper, for regulating both classes of wharves and piers, as well as the slips. (2 R. L. 436, § 236.) By a statute passed in 1830, the corporation was empowered to pass laws designating and appropriating any of the public wharves, piers and…

2Cited by4 opinions

  1. Swords v. . EdgarNew York Court of Appeals · 1874
  2. Clancy v. . ByrneNew York Court of Appeals · 1874
  3. Clancy v. ByrneNew York Court of Appeals · 1874
  4. Swords v. EdgarNew York Court of Appeals · 1874

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