Lewis Blue Point Oyster Cultivation Co. v. Briggs
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 13,1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. This action was brought to restrain the defendant from digging or dredging upon certain land under the waters of Great South Bay, in the county of Suffolk, in such a way as to disturb the oysters planted by the plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 13,1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. This action was brought to restrain the defendant from digging or dredging upon certain land under the waters of Great South Bay, in the county of Suffolk, in such a way as to disturb the oysters planted by the plaintiff. The defendant by his answer denied the jurisdiction of the court over the subject-matter of the action, upon the ground…
1Opinion of the CourtVann, J.
The learned counsel for the appellant, with the discrimination of a lawyer who understands his case, has made certain concessions which limit discussion to a single question. He admits that neither the plaintiff nor its lessors have any control of the right of navigation over the land in question becáuse the patents from the crown, which are silent upon the subject, must be taken most strongly against the grantees. He further admits that their rights are subject to the public right of. navigation, but he insists that such right is confined to navigation of the bay in its natural state without…
2Cases cited15 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
- Scranton v. WheelerSupreme Court of the United States · 1900
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3Cited by33 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
- Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1922
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- Douglaston Manor, Inc. v. BahrakisNew York Court of Appeals · 1997
28 more not listed; retrieve them via the Exa API.