Legal Opinion

New York Dock Co. v. India Wharf Brewing Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 12, 1908Published

Appeal by the plaintiff, .the New York Dock Company, from a judgment of the Supreme Court iu favor of the defendant, entered in the office of the clerk of the county of Kings on the 21st day of October, 1907, upon the report of a referee dismissing the complaint upon the merits.

1Opinion of the Court

Odell, Referee:

Many of the material facts of this case are very clearly stated in the opinion of the court in India Wharf Brewing Co. v. Brooklyn Wharf Co. (59 App. Div. 83). The present defendant was the *386plaintiff in that case, and the present plaintiff is the successor of the defendant in that case ■ and the 'owner of all of its franchises and properties, including Hamilton wharf, which is the “ India wharf” mentioned in the case referred to; This wharf is .private property, and the right' of the public therein is as- licensees. (Downes v. Elmira Bridge Co., 41 App. Div. 340.)

The complaint…

2Cases cited6 opinions

  1. Arnold v. . FeeNew York Court of Appeals · 1896
  2. Downes v. Elmira Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1899
  3. Woodruff v. . HavemeyerNew York Court of Appeals · 1887
  4. International Hide & Skin Co. v. New York Dock Co.Appellate Division of the Supreme Court of the State of New York · 1904
  5. India Wharf Brewing Co. v. Brooklyn Wharf & Warehouse Co.New York Court of Appeals · 1903

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