Jenks v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendants, John F. Miller and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 14th. day of July, 1896,-upon the decision of the court rendered after a trial at the Westchester Special Term, enjoining the defendants from erecting a pier or projection extending out from the end of the defendants’ pier at Sing Sing, and required them to remove the piles already…
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Appeal by the. defendants, John F. Miller and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 14th. day of July, 1896,-upon the decision of the court rendered after a trial at the Westchester Special Term, enjoining the defendants from erecting a pier or projection extending out from the end of the defendants’ pier at Sing Sing, and required them to remove the piles already driven in front of the present pier.
1Opinion of the Court
Goodrich, P. J.:
The defendants own a pier at the foot of Main street, Sing Sing, extending into the Hudson river. It is fifty-eight feet wide. South of defendants’ pier, also at the 'foot of Main street, is a pier sixty feet wide, owned by the plaintiffs, and sejiarated from it by a slip thirty-two feet wide. Both piers extend the same distance into the river.
There is also a slip below the plaintiffs’ pier thirty-two feet wide, and below that a pier also owned by the plaintiffs, which is a hundred feet shorter than the plaintiffs’ upper pier, leaving a large space of clear water. The…
2Cases cited3 opinions
- Wetmore v. . the Brooklyn Gas Light Co.New York Court of Appeals · 1870
- Knickerbocker Ice Co. v. . ShultzNew York Court of Appeals · 1889
- City of Brooklyn v. MackayAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by19 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- Matter of City of New York (Upper N.Y. Bay)New York Court of Appeals · 1927
- Freed Freed v. Miami Beach Pier CorporationSupreme Court of Florida · 1927
- People v. MouldAppellate Division of the Supreme Court of the State of New York · 1899
- Fairchild v. Union Ferry Co.New York Supreme Court · 1923
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