Hoeft v. Seaman
The Superior Court of New York City
Motion to continue an injunction. The plaintiffs are the owners of a floating hath, known as Hoeft’s bath, which is now, and for the last eight years has been moored in the waters of the East river, adjacent to and immediately south of pier Ho. 55 East river, and is fastened to the pier.
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Motion to continue an injunction. The plaintiffs are the owners of a floating hath, known as Hoeft’s bath, which is now, and for the last eight years has been moored in the waters of the East river, adjacent to and immediately south of pier Ho. 55 East river, and is fastened to the pier. In May, 1873, the commissioners of the department of docks gave the plaintiffs a written permit to use the lower or southerly side of the pier, and the water adjacent thereto, for the business of a bathing establishment during the pleasure of the board. The pier is leased (by whom it does not appear) to one…
1Opinion of the CourtMonell, J.
The space occupied by the plaintiffs for their bathing-house, under a “permit” or license from the commissioners of the department of docks, is a part of the navigable waters of the East river. It lies below the low water mark, and partly in the channel of the stream, and is used wholly for private emolument.
Such a use of a public navigable river would be a purpresture, or public nuisance, unless authorized by law. The ninety-ninth section of the act to reorganize the local government of the city of Hew York, as amended in 1811, declares that the department of docks shall have exclusive…
2Cases cited8 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
- State of Penn. v. THE WHEELING &C. BRIDGE CO.Supreme Court of the United States · 1852
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
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