People v. Lambier
New York Supreme Court
Certiorari to the oyer and terminer of the county of Kings. The defendant was indicted in the oyer and terminer in April, 1845, for the offence of nuisance.
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Certiorari to the oyer and terminer of the county of Kings. The defendant was indicted in the oyer and terminer in April, 1845, for the offence of nuisance. The indictment alleged that on the 15th day of March, 1845, at the sixth ward of the city of Brooklyn, in a certain street there called Warren-street, being the common highway of the people, &c. the defendant did erect, On the trial, in December, 1845, Edmonds, circuit judge, presiding, it was proved that in "and prior to the year 1835, Parmeneus Johnson was seized of a piece of land in the city of Brooklyn, lying upon the East river and…
1Opinion of the Court
Beardsley, Ch. J.
East rivér is an arm of the sea which the public have a right freely to navigate at all times, as • then-business or pleasure may require or dictate. Warren-street, as originally laid out and opened, extended from Court-street to the East river; and the legality of this street as so established not being drawn in question, it may be assumed that here was a continuous public way upon, as well as between, the street and the river. This being indisputable, looking to the state of things which immediately followed the opening of Warren-street, it becomes necessary to inquire…
2Cases cited2 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- In re Mayor of New-YorkNew York Supreme Court · 1828
3Cited by50 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
- Hoboken v. Pennsylvania RailroadSupreme Court of the United States · 1888
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
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