Wetmore v. Atlantic White Lead Co.
New York Supreme Court
THE complaint in this action alleged that the defendant, in June and July, 1860, occupied certain lands in Brooklyn fronting on East river. That said lands were and are beyond and below low water mark, and the East river is an arm of the sea and a public highway. That the front of said premises is a bulkhead or wharf where vessels engaged in commerce lie, moor, lade and unlade, &c., and the legal and customary use of such a structure is such use and occupation by vessels.
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THE complaint in this action alleged that the defendant, in June and July, 1860, occupied certain lands in Brooklyn fronting on East river. That said lands were and are beyond and below low water mark, and the East river is an arm of the sea and a public highway. That the front of said premises is a bulkhead or wharf where vessels engaged in commerce lie, moor, lade and unlade, &c., and the legal and customary use of such a structure is such use and occupation by vessels. That the plaintiff was owner of certain vessels used in the transportation of merchandise, and prior to June 20, 1860, was…
1Opinion of the Court
By the.Court,
Emott, J.
This is an action for damages, brought against the defendant, for refusing to permit the plaintiff to unload a cargo of coal upon certain premises in the occupation of the defendant, fronting upon the East river, for the purpose of transportation across these premises to the street. The plaintiff claims no special or private right' to the use of the premises, but complains of their appropriation by the defendant as a public injury, and of his exclu-. sion therefrom as a wrong to himself, inasmuch as he is thus deprived of a right which he possesses in common with the…
2Cases cited1 opinion
- People v. LambierNew York Supreme Court · 1847
3Cited by19 opinions
- Wetmore v. . the Brooklyn Gas Light Co.New York Court of Appeals · 1870
- Caw v. . RobertsonNew York Court of Appeals · 1851
- Downes v. Elmira Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Holz v. LylesSupreme Court of Alabama · 1971
- In re State Reservation at NiagaraNew York Supreme Court · 1884
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