Legal Opinion

Sound Marine & MacHine Corp. v. Westchester County

Court of Appeals for the Second Circuit

Decided December 5, 1938No. 50PublishedCited by 27 opinions

1Opinion of the Court

MANTON, Circuit Judge.

Appellant owns riparian property at Mamaroneck abutting the waters of Mamaroneck Harbor. In 1929, appellee laid a sewer pipe in the harbor across the channel in front of the premises in a way to diminish the depth of the channel from 10' mean low water to approximately 6.8' mean low water, and it is said that the depth of the water was less at extreme low tide.

Appellant uses its premises for boat building, repairing and storing yachts. An important feature of the use of this property for this business is its access by water for boats to be repaired or stored. Such access…

2Cases cited22 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. United States v. CressSupreme Court of the United States · 1917
  3. Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
  4. The PlymouthSupreme Court of the United States · 1866
  5. Gilman v. PhiladelphiaSupreme Court of the United States · 1866

17 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Denoux v. Vessel Management Services, Inc.Supreme Court of Louisiana · 2008
  2. Veronica Lewis, Individually Etc., Naomi Barry Pottinger, Individually, Etc., Vincent Lewis, Daisy Llewellyn, and Margaret Clark, Individually, Etc. v. S. S. Baune, in the Matter of Skibs A/s Baumare and Torvald Klaveness, as Owner Andmanaging Owner of the S/s Baune, Petitioning for Exoneration From or Limitationof Liability v. Phyllis Hoyt, Claimants-AppelleesCourt of Appeals for the Fifth Circuit · 1976
  3. James J. Oppen, Arthur J. Luck and Glenn A. Henry v. Aetna Insurance Co., Union Oil Co. Of Calif.Court of Appeals for the Ninth Circuit · 1973
  4. Khedivial Line, S.A.E. v. Seafarers' International Union, International Longshoremen's AssociationCourt of Appeals for the Second Circuit · 1960
  5. Monarch Industrial Corp. v. American Motorists InsuranceDistrict Court, S.D. New York · 1967

22 more not listed; retrieve them via the Exa API.

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