The People v. . Vanderbilt
New York Court of Appeals
' Appeal, from a judgment of the Supreme Court. The action was brought to restrain the defendant from énlarging a pier, known as pier Ho. 1 Horth river, adjoining the battery. See report of the case, in the Supreme Court, 38th Barbour, 282; where the ' facts are fully stated.
Read the full summary
' Appeal, from a judgment of the Supreme Court. The action was brought to restrain the defendant from énlarging a pier, known as pier Ho. 1 Horth river, adjoining the battery. See report of the case, in the Supreme Court, 38th Barbour, 282; where the ' facts are fully stated. The Supreme Court, at general term, affirmed the judgment of a special term, by which the defendant was perpetually enjoined from proceeding in the erection of the pier &c., and was directed to abate the alleged nuisance, and to remove the same. The defendant appealed to this court.
1Opinion of the CourtEmott, J.
It. can not he douhted that the crib or pier which the defendant commenced erecting in the waters of the harbor of New York was a public nuisance, unless he was authorized to build such a structure at that place by some power competent to confér such authority. Woolrych says: “An obstruction in a public river is a nuisance,” such as the erection of a wharf “so as to narrow the river;” and “at the common law any encroachment upon a public stream was considered to be purpresture; that is to say, the making of that several and private which ought to be common to many.” (Woolrych on Waters, Law…
2Cases cited2 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by30 opinions
- In Re DebsSupreme Court of the United States · 1895
- Shively v. BowlbySupreme Court of the United States · 1894
- State v. BerdettaIndiana Supreme Court · 1880
- Baumgartner v. HastyIndiana Supreme Court · 1885
- State v. EhrlickWest Virginia Supreme Court · 1909
25 more not listed; retrieve them via the Exa API.