Bogert v. Haight
New York Supreme Court
APPEAL by the defendant from a judgment of the Tates county court. The action was commenced before a justice of the peace for a trespass, in entering upon the plaintiff’s dock or wharf. The plaintiff was the owner of a dock and storehouse at Dresden, on the Seneca lake, used for a steamboat landing, and other purposes. The defendant was the driver of a stage, employed in carrying passengers and freight to and from the landing.
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APPEAL by the defendant from a judgment of the Tates county court. The action was commenced before a justice of the peace for a trespass, in entering upon the plaintiff’s dock or wharf. The plaintiff was the owner of a dock and storehouse at Dresden, on the Seneca lake, used for a steamboat landing, and other purposes. The defendant was the driver of a stage, employed in carrying passengers and freight to and from the landing. About the 1st of November, 1853, the plaintiff forbade the defendant coming upon the dock’. Afterwards, and on the 6th or 7th of December, the defendant came on again…
1Opinion of the Court
By the Court, T. R. Strong, J.
The plaintiff was a wharfinger. and warehouseman, and by holding himself out to the public as such, extended a license to enter upon his premises, to all persons having occasion to do so in connection with that business. (Heaney v. Heaney, 2 Denio, 625. Beardsley v. *252French, 7 Conn. R. 125.) His employment, however, was a merely private one; he was under no legal obligation to allow the use of his wharf or warehouse to every person applying, even if he had suitable accommodations, and a reasonable reward was offered him ; but he might limit the general license, or…
2Cases cited3 opinions
- Schmidt v. BloodNew York Supreme Court · 1832
- Graves v. McKeonNew York Supreme Court · 1846
- Heaney v. HeeneyNew York Supreme Court · 1846
3Cited by4 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Breitenbach v. TrowbridgeMichigan Supreme Court · 1887
- Stinson v. Edgewater Saw Mills Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Swords v. EdgarNew York Court of Appeals · 1874