Hill v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to compel the removal of a structure erected by the city of Mew York on the west side of pier 12, East river. An injunction was also prayed for against the use of the pier for the purposes complained of.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to compel the removal of a structure erected by the city of Mew York on the west side of pier 12, East river. An injunction was also prayed for against the use of the pier for the purposes complained of. The facts, so far as material, are stated in the opinion. The city owned no part of the pier. (Swinnerton v. C. Ins. Co.,…
1Opinion of the CourtFinch, J.
We may concede almost every proposition urged by the defendant without reaching the question upon which the judgment rendered finally depends.
I shall assume, therefore, without so deciding, that the plaintiff owns the east side of pier Ho. 12, and the defendant the west side; that each holds his specific half in severalty and not as joint tenant, or tenant in common with the adjacent owner; that neither has any private easement in the half adjoining his own, but only such right as flows from the public character of the pier; that what the defendant has done does not amount to a taking of the…
2Cases cited3 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823
3Cited by32 opinions
- Stern v. International Railway Co.New York Court of Appeals · 1917
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
- Fries v. . New York Harlem R.R. Co.New York Court of Appeals · 1901
- Morton v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
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