Steers v. . City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made at the February term, 1883, which affirmed a judgment in- favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made at the February term, 1883, which affirmed a judgment in- favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to recover damages alleged to have been sustained by reason of the unlawful erection, by defendant, of a pier in front of plaintiff’s premises in the city of Brooklyn, and also to compel defendant to surrender said pier to plaintiff, and account for wharfage received. The court found in substance that…
1Opinion of the CourtEarl, J.
Under his paper title and the acts of the legislature (Chap. 302, Laws of 1849, chap. 305, Laws of 1868, and chap. 518, Laws of 1880), there can be no doubt that the plaintiff was vested with the fee of the land to the cenier of Java street, and extending to the water-line of the East river and that he had a right tó maintain his wharf in front of his land and his one-half of the street and take and receive wharfage from all persons using the same. His fee in the street, however, was subject to the public easement for travel over the street to the water-line, and is still so subject. When,…
2Cases cited1 opinion
- Ledyard v. Ten EyckNew York Supreme Court · 1862
3Cited by32 opinions
- Scranton v. WheelerSupreme Court of the United States · 1900
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- Fowler v. WoodSupreme Court of Kansas · 1906
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
- Saunders v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
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