People v. Vanderbilt
New York Court of Appeals
Appeal from the Supreme Court. In November, 1861, when this suit was commenced, the defendant was engaged in-the construction of a pier in the harbor of New York, and had sunk a “crib” at a point west of the foot of Battery Place, and south of pier No. 1, in the North River, which “ crib ” was to be filled with stone, and to constitute a part of said pier.
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Appeal from the Supreme Court. In November, 1861, when this suit was commenced, the defendant was engaged in-the construction of a pier in the harbor of New York, and had sunk a “crib” at a point west of the foot of Battery Place, and south of pier No. 1, in the North River, which “ crib ” was to be filled with stone, and to constitute a part of said pier. The object of the action was to restrain the defendant from proceeding with the erection of the pier, and to compel the removal of the part already built, as an encroachment upon the harbor, an obstruction to the navigation, and therefore a…
1Opinion of the CourtSelden, J.
It will conduce to a clear understanding of this case, to exclude in the first instance all consideration of the act of April 17th, 1857, and to ascertain what would be the position and rights of the parties, irrespective of that statute.
If restrictions like those inserted in the act of 1821, upon the use and the power, of sale of the land conveyed, had been contained in a conveyance granting land for the sole benefit and emolument of the grantee, they might not have been available at all to the grantor, or if at all, orily as implied .covenants on the part of the grantee. (Craig v. Wells, 1…
2Cases cited3 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Rogers v. JonesNew York Supreme Court · 1828
3Cited by2 opinions
- Austin v. . HollandNew York Court of Appeals · 1877
- National Shoe & Leather Bank v. HerzNew York Supreme Court · 1881