People of the State of N.Y. v. . Horton
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 5 Hun, 516.) This action was brought by the attorney-general to restrain defendants from locating, stationing or mooring a floating elevator owned by them in the City Ship canal of Buffalo, and to abate the same as a nuisance.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 5 Hun, 516.) This action was brought by the attorney-general to restrain defendants from locating, stationing or mooring a floating elevator owned by them in the City Ship canal of Buffalo, and to abate the same as a nuisance. The court found, in substance, that the City Ship canal mentioned in the complaint is located within the limits of the city of Buffalo, and is an…
1Opinion of the CourtAllen, J.
There is no question, in this action, of purpresture or an obstruction of the canal as a public highway by any permanent structure; neither is there complaint of any injury to the banks or walls of the canal, or permanent injury to the navigation. The complaint is of the use of the defendants’ float for a single purpose, and the judgment only prohibits its employment for the transfer of grain in bulk from one vessel to another. Its presence in the canal, and its employment for any other purpose to which it is adapted, is not forbidden by the judgment. The evidence that the float, at any time,…
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
- Attorney General v. Cohoes Co.New York Court of Chancery · 1836
3Cited by7 opinions
- Welsh v. . WilsonNew York Court of Appeals · 1886
- Hofeler v. BuckNew York Supreme Court · 1920
- People v. Transit Development Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Maltbie v. BoltingThe Superior Court of the City of New York and Buffalo · 1893
- Goff v. AkersThe Superior Court of New York City · 1893
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