Vroom v. . Tilly
New York Court of Appeals
Appeal from a judgment of. the Appellate Division of the Supreme Court iu the second judicial department, entered .December 28, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of. the Appellate Division of the Supreme Court iu the second judicial department, entered .December 28, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The common-law rule relating to the rights of an individual planting and cultivating oysters in the tide waters of a bay or arm of the sea where grants of franchises have been made to particular individuals for the exclusive use of certain lands under water, is no longer…
1Opinion of the CourtHaight, J.
It appears from the findings of the trial court that in the month of December, 1891, the state of Hew York, through its commissioner of fisheries, granted to one Nicholas P. Housman a franchise in a tract of land under the waters of Long Island Sound near Crane’s Heck in the county of Suffolk, consisting of two hundred and forty acres, pursuant to the provisions of chapter 584 of the Laws of 1887, for the purpose of the cultivation of shell-fish ; that the plaintiff was engaged in the cultivation of oysters upon an adjoining tract in which a similar franchise had been granted to one John H.…
2Cases cited6 opinions
- Fleet v. HegehanNew York Supreme Court · 1835
- Eaton v. Allegany Gas Co.New York Court of Appeals · 1890
- Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1905
- Decker v. FisherNew York Supreme Court · 1848
- Moore v. . BrownNew York Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. . MorrisonNew York Court of Appeals · 1909
- People Ex Rel. Village of Chateaugay v. Public Service CommissionNew York Court of Appeals · 1931
- Sloup v. Town of IslipNew York Supreme Court · 1974
- Wiegardt v. StateWashington Supreme Court · 1947
- Bevelander v. Town of IslipNew York Supreme Court · 1959
1 more not listed; retrieve them via the Exa API.