Wetmore v. . the Brooklyn Gas Light Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial district, ordered upon exceptions there heard in the first instance, for the defendant, dismissing the complaint.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial district, ordered upon exceptions there heard in the first instance, for the defendant, dismissing the complaint. The action is in the nature of an action on the case for damages for the exclusion of the plaintiff from the use of the defendants’ bulkhead and premises, and is .founded on a claim of the plaintiff (as one of the public) of a right to the use of the bulkhead and premises as a place for lading and unlading, and access from the water to the streets in the neighborhood, m the ground that the locus…
1Opinion of the CourtGrover, J.
If the plaintiff .had the right to fasten his vessel to the wharf in the possession of -the defendants and unload th.e cargo thereon, and transport it frqm ,thence in vehicles to the street in the rear thereof, he was entitled to recover, and the judge erred in .refusing-to submit the case to the jury and dismissing the complaint. The ruling of the judge cannot be sustained upon the ground that the plaintiff did not tender or offer to pay the customary wharfage, for the reason that the defendant put the refusal to permit him to unload tiie cargo upon the ground that the wharf was its private…
2Cases cited1 opinion
- Wetmore v. Atlantic White Lead Co.New York Supreme Court · 1862
3Cited by32 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1922
- St. Louis v. DorrSupreme Court of Missouri · 1898
- First Construction Co. v. . State of New YorkNew York Court of Appeals · 1917
- Hamilton v. Portland Pier Site DistrictSupreme Judicial Court of Maine · 1921
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