Murray v. Sharp
The Superior Court of New York City
Appeal by defendants from a judgment in favor of the plaintiff. The action was brought to restrain the defendants from interfering with the exclusive rights of the plaintiff as owner of pier ISTo. 16, in the city of ¡New York. The defence was, that the slip adjoining the pier had been lawfully granted, and was lawfully used as a public ferry, and that there was no other interference than was thus occasioned.
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Appeal by defendants from a judgment in favor of the plaintiff. The action was brought to restrain the defendants from interfering with the exclusive rights of the plaintiff as owner of pier ISTo. 16, in the city of ¡New York. The defence was, that the slip adjoining the pier had been lawfully granted, and was lawfully used as a public ferry, and that there was no other interference than was thus occasioned. The judgment of the Court at Special Term contains a recital of the facts found by the Judge, and his conclusions of law therefrom. It is in the words following: “ At a Special Term, held…
1Opinion of the CourtBy the Court. Slossoh, J.
The action is brought to establish the ownership and possession of the plaintiff in the pier Ho. 16, East River, at the foot of Wall street, and to restrain the defendants, Sharp, Campbell, and Moody, in making the necessary erections for the purposes of the ferry recently granted to Sharp by the Corporation, from so approaching the pier as to interfere with the access of vessels to the berths usually occupied by them alongside the pier, and thus deprive the plaintiff of his rights of wharfage.
The plaintiff claims title to the pier, as devisee under the will of his father, • John Muriay, Jr.,…
2Cases cited1 opinion
- Furman v. Mayor of New YorkThe Superior Court of New York City · 1851
3Cited by9 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Clancy v. . ByrneNew York Court of Appeals · 1874
- Fairchild v. Union Ferry Co.New York Supreme Court · 1923
- Union Ferry Co. v. FairchildAppellate Division of the Supreme Court of the State of New York · 1920
- Clancy v. ByrneNew York Court of Appeals · 1874
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