Burbank v. . Fay
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendants entered upon a decision of the court at Special Term. (Reported below 5 Bans., 397.) This action was brought by the plaintiffs, as owners of mill sites in the city of Rochester, to restrain the defendants from closing the basin, known as Child’s basin, in that city. An injunction was granted in the cause exponte, upon the complaint.
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Appeal from the judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendants entered upon a decision of the court at Special Term. (Reported below 5 Bans., 397.) This action was brought by the plaintiffs, as owners of mill sites in the city of Rochester, to restrain the defendants from closing the basin, known as Child’s basin, in that city. An injunction was granted in the cause exponte, upon the complaint. It was dissolved upon notice, and the order to that effect was affirmed at General Term. (5 Bans., 397.) The judge, at…
1Opinion of the Court
Dwight, C.
There is but a single question in this case. This is, whether the canal board had the legal right to close the basin in Eochester known as “ Child’s basin.” If the right exists, the courts have nothing to do with the expediency of its exercise.
The nature of the interest which the owners of mill seats have in this basin has been before one branch of this court and determined. It is unnecessary further to consider it. (See Child v. Chappell, 9 N. Y., 246.) It was there determined that, by force of the partition deed, map and acts of the parties, the owners of the mill seats had…
2Cases cited6 opinions
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Rung v. ShonebergerSupreme Court of Pennsylvania · 1833
- Commonwealth v. AlburgerSupreme Court of Pennsylvania · 1836
- Child v. . ChappellNew York Court of Appeals · 1853
- Colvin v. BurnetNew York Supreme Court · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Georgia v. City of ChattanoogaSupreme Court of the United States · 1924
- Reichelderfer v. QuinnSupreme Court of the United States · 1932
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- State v. Seventh Regiment Fund, Inc.New York Court of Appeals · 2002
- Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
54 more not listed; retrieve them via the Exa API.