Decker v. Fisher
New York Supreme Court
Motion by the defendants for a new trial. The action was trespass de bonis asportatis, for taking and carrying away the plaintiff’s oysters from their grounds at Prince’s Bay. The cause was tried at the Richmond circuit, in June, 1846, before Edmonds, circuit judge. The facts appearing in evidence, on the trial, are sufficiently stated in the opinion of the court.
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Motion by the defendants for a new trial. The action was trespass de bonis asportatis, for taking and carrying away the plaintiff’s oysters from their grounds at Prince’s Bay. The cause was tried at the Richmond circuit, in June, 1846, before Edmonds, circuit judge. The facts appearing in evidence, on the trial, are sufficiently stated in the opinion of the court. It appeared from the proofs, and was admitted on both sides, that the locus in quo was land covered by the public waters of this state far below low water mark at Prince’s Bay, between Staten Island and New Jersey, and was a public…
1Opinion of the Court
By the Court, Strong, P. J.
The plaintiffs, who were partners, had for several years previous to 1844, planted oysters in a part of Prince’s Bay, which they had designated by stakes, and had subsequently dredged them for market, so far as appears, without obstruction from others, until they were interrupted by the defendants Elias and James Fisher. It appears that in February, 1844, the oysters which had been previously planted by the plaintiffs, had been principally removed. It is stated by one of the defendants’ witnesses, that they deposited oysters on the ground previously occupied by the…
2Cases cited1 opinion
- Fleet v. HegehanNew York Supreme Court · 1835
3Cited by12 opinions
- People v. . MorrisonNew York Court of Appeals · 1909
- Payne Butler v. Providence Gas CompanySupreme Court of Rhode Island · 1910
- Lowndes v. DickersonNew York Supreme Court · 1861
- Post v. . KreischerNew York Court of Appeals · 1886
- Vroom v. . TillyNew York Court of Appeals · 1906
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