White v. . Nassau Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9,1899, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. This action was brought to recover damages for injuries to plaintiff’s wharf, alleged to have been caused by the wrongful and unlawful acts of the defendant’s testator in dredging beneath the waters adjacent to said wharf.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9,1899, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. This action was brought to recover damages for injuries to plaintiff’s wharf, alleged to have been caused by the wrongful and unlawful acts of the defendant’s testator in dredging beneath the waters adjacent to said wharf. The plaintiff is the owner of lands fronting on Hew York bay, in the borough of Brooklyn, at the intersection of the southerly line of…
1Opinion of the CourtGray, J.
I think this judgment should not stand. The question in the case is whether Tebo, the defendant’s testator, in dredging out the slip by his pier, could become liable to the plaintiff for any damage occasioned to the latter’s neighboring pier, by reason of the soil, upon which it stood, subsiding, or falling away, into the excavation made by the dredging. There is no finding that the dredging was negligently performed ; although it is found that the dredge, in its operation, excavated a portion of the state land intervening between Tebo’s slip and the plaintiff’s pier. Negligence will not be…
2Cases cited5 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Farrand v. MarshallNew York Supreme Court · 1853
- Briggs v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
3Cited by7 opinions
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- Hickman v. WellauerWisconsin Supreme Court · 1919
- Fairchild v. Union Ferry Co.New York Supreme Court · 1923
- Miller v. StateNew York Court of Claims · 1950
- Sanders v. SchifferAppellate Division of the Supreme Court of the State of New York · 1975
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