Lowndes v. Dickerson
New York Supreme Court
THIS action was heard on exceptions taken at the trial, by the defendant, which exceptions were ordered to be heard in the first instance at the general term. The nature of the action and the facts appearing, and the exceptions taken, on the trial, are stated in the opinion of the court.
1Opinion of the Court
By the Court, Brown, J.
This is an action of trespass de boms asportatis, tried before Mr. Justice Emott, at the Suffolk circuit, in June, 1860, where the plaintiff had a verdict. The wrong consisted in taking and carrying away a quantity of oysters from the bed or bottom of Long Island Sound, about 100 yards from the shore, within or adjacent to the town of Huntington, in the county of Suffolk, where the plaintiff had deposited or planted them. The taking of the oysters was not disputed upon the trial, but the point litigated was the right of property in the plaintiff, and his right to…
2Cases cited4 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Rogers v. JonesNew York Supreme Court · 1828
- Fleet v. HegehanNew York Supreme Court · 1835
- Decker v. FisherNew York Supreme Court · 1848
3Cited by10 opinions
- People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
- People v. . MorrisonNew York Court of Appeals · 1909
- Robins v. . AckerlyNew York Court of Appeals · 1883
- Hettrick v. . PageSupreme Court of North Carolina · 1880
- People v. . HazenNew York Court of Appeals · 1890
5 more not listed; retrieve them via the Exa API.