Hudson River Railroad v. Loeb
The Superior Court of New York City
Motioh to dissolve a temporary injunction. . The plaintiffs, as alleged, are the lessees and in possession of two. parcels of land and land under water, bulkheads, piers, wharves and slips thereon, extending from Thirty-first to Thirty-second streets, and from Thirty-second to Thirty-third streets, and from the Eleventh to ■ the Twelfth avenues, in the city of Hew York) (the present line of bulkhead being 314 feet' easterly of the easterly line of the Twelfth avenue,) upon…
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Motioh to dissolve a temporary injunction. . The plaintiffs, as alleged, are the lessees and in possession of two. parcels of land and land under water, bulkheads, piers, wharves and slips thereon, extending from Thirty-first to Thirty-second streets, and from Thirty-second to Thirty-third streets, and from the Eleventh to ■ the Twelfth avenues, in the city of Hew York) (the present line of bulkhead being 314 feet' easterly of the easterly line of the Twelfth avenue,) upon which premises the plaintiffs have and use in their business of carriers of merchandise, four piers extending into the…
1Opinion of the CourtMonell, J.
There is no doubt, I think, that the refuse substance, called “ mash,” which flows from the defendants premises into the sewer in Thirty-second street, and thence is deposited in the Hudson river at and about the mouth of such sewer, causes an. obstruction to the free use of such waters. There was some proof tending to show that the deposit at the mouth of the sewer, was partly of other substances, and not wholly the refuse which came from the defendants’ distillery. But the weight of the proof is, that the obstruction was and is caused by the flow from the defendants’ premises. There is no…
2Cases cited5 opinions
- The People v. . VanderbiltNew York Court of Appeals · 1863
- Gould v. . Hudson River Railroad CompanyNew York Court of Appeals · 1852
- Fort Plain Bridge Co. v. . SmithNew York Court of Appeals · 1864
- Clark v. Mayor & Common CouncilNew York Supreme Court · 1852
- Hecker v. New-York Balance Dock Co.New York Supreme Court · 1857
3Cited by10 opinions
- Bacon v. NicholsSupreme Court of Colorado · 1909
- Succession of ShowsSupreme Court of Louisiana · 1964
- Succession of PattersonSupreme Court of Louisiana · 1937
- Succession of ShowsLouisiana Court of Appeal · 1964
- Succession of FaggardLouisiana Court of Appeal · 1963
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