Post v. . Kreischer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made at the February term, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed, by the court.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made at the February term, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed, by the court. (Beported below, 32 Hun, 49.) This was an action to recover damages for an alleged trespass m depositing dredging material upon plaintiffs oyster bed a quantity of earth and other material dredged from other premises, and thereby destroying the oysters planted thereon. The facts so far as material are stated in the opinion. The oysters planted by…
1Opinion of the CourtAndrews, J.
The authorities sustain the propositions asserted by the plaintiff, that by the common law, oysters planted in a bed clearly marked out and defined in the tide-waters of a bay or arm of the sea, which is a common fishery to all the inhabitants of the State where the bay or arm of the sea is situated, where there are no oysters growing spontaneously at the time, are the property of the^person who planted them, and the taking them by another person is a trespass for which an action lies. (Fleet v. Hegeman, 14 Wend. 42 ; Decker v. Fisher, 4 Barb. 592 ; Lowndes v. Dickerson, 34 id. 586, 589.) The…
2Cases cited2 opinions
- Fleet v. HegehanNew York Supreme Court · 1835
- Decker v. FisherNew York Supreme Court · 1848
3Cited by8 opinions
- People v. . MorrisonNew York Court of Appeals · 1909
- Payne Butler v. Providence Gas CompanySupreme Court of Rhode Island · 1910
- Vroom v. . TillyNew York Court of Appeals · 1906
- People v. . HazenNew York Court of Appeals · 1890
- Bevelander v. Town of IslipNew York Supreme Court · 1959
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