Moore v. Jackson
Superior Court of Buffalo
This was an appeal by defendant from a judgment rendered by a court of a justice of the peace in favor of the plaintiff. It appeared that the plaintiff, for several years, was in the occupation of a tract of land which fronted for about one thousand feet on the Eleven Mile creek, in the town of Tonawanda, in Erie county.
Read the full summary
This was an appeal by defendant from a judgment rendered by a court of a justice of the peace in favor of the plaintiff. It appeared that the plaintiff, for several years, was in the occupation of a tract of land which fronted for about one thousand feet on the Eleven Mile creek, in the town of Tonawanda, in Erie county. The defendant, at different times while the plaintiff so occupied his premises, caused his cribs of logs, which were floating in the creek, to be kept stationary along the side of the bank, by being fastened to stakes driven in the ground; thus occupying, on occasions, as…
1Opinion of the Court
By the Court.*—Sheldon, J.
The Eleven Mile creek being a public highway, and used as such for the purposes of navigation, the riparian owner had no greater right to its nse than the public, and no authority to maintain or allow others to maintain any obstruction in the waters thereof. His ownership of the abutting land drew to him no rights over the water or to the land under the water other than those possessed by the general public. It being a public highway, he could do nothing which interfered with the full enjoyment, by all others, of its use as such highway. And if he appropriated any…
2Cases cited3 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by3 opinions
- Greene v. N. Y. Central & H. R. R.R.The Superior Court of New York City · 1883
- Callanan v. GilmanThe Superior Court of New York City · 1885
- First Construction Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1921