Board of Commissioners v. Erie Railway Co.
The Superior Court of New York City
This action was brought to recover a penalty of $25 per day, imposed by section 8 of the act “ to establish regulations for the port of New York,” passed April 16, 1857, as amended -by chapter 226 of the Laws of 1858. {Laws of 1857, vol. 2, p. 487, § 8. Id. 1858, p. 363, § 5.) The complaint averred that the defendants, being in the use and occupation of certain bulkheads in the city and port of New Y"ork, between the piers known as piers Nos. 30 and 31, 31 and 32, and 32 and…
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This action was brought to recover a penalty of $25 per day, imposed by section 8 of the act “ to establish regulations for the port of New York,” passed April 16, 1857, as amended -by chapter 226 of the Laws of 1858. {Laws of 1857, vol. 2, p. 487, § 8. Id. 1858, p. 363, § 5.) The complaint averred that the defendants, being in the use and occupation of certain bulkheads in the city and port of New Y"ork, between the piers known as piers Nos. 30 and 31, 31 and 32, and 32 and 33, North river, placed andkept on the said bulkheads obstructions built upon and affixed thereto, consisting of…
1Opinion of the Court
. Robertson, Ch. J.
The admission of the defendants on the trial that they “ held the occupancy of the space ” between the south side of one pier and the middle of a bulkhead between two piers beyond it, including the intervening bulkheads, by leases from the corporation of the city-of Hew York, which were read in evidence, virtually acknowledged an actual occupation of the bulkheads them*380selves. Indeed the defendants actually claimed that they had no right to remove the incumbrances complained of, because they had covenanted to surrender the same as being part of the demised premises. So far…
2Cases cited2 opinions
- Board of Commissioners of Pilots v. ClarkNew York Court of Appeals · 1865
- Board of Commissioners of Pilots v. VanderbiltNew York Court of Appeals · 1864