Barnes v. . Midland R.R. Terminal Co.
New York Court of Appeals
Appeal, by permission, from that part of an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1908, which affirmed so much of an interlocutory judgment of Special Term as denied plaintiffs’ application for an injunction to restrain the defendant from obstructing or interfering with the passage of the public over the beach in front of its upland between high and low-water mark.
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Appeal, by permission, from that part of an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1908, which affirmed so much of an interlocutory judgment of Special Term as denied plaintiffs’ application for an injunction to restrain the defendant from obstructing or interfering with the passage of the public over the beach in front of its upland between high and low-water mark. During the period mentioned in the complaint the plaintiffs (with the exception of Putnam, a lessee) were the owners of certain uplands upon Staten Island, fronting…
1Opinion of the CourtWerner, J.
Our recent decision in Town of Brookhaven v. Smith (188 N. Y. 74) very materially simplifies the question submitted to us for decision in the case at bar. In that case it was definitely settled that in this state a riparian owner whose land is bounded by navigable water has the right of access thereto from the front of his land, and that such right includes the construction and maintenance of a pier on the land under water beyond high-water mark, for his own use or for the use of the public, subject to such general rules and regulations as Congress or the state legislature may prescribe for…
2Cases cited1 opinion
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
3Cited by37 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
- Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1922
- State v. KorrerSupreme Court of Minnesota · 1914
- Toy v. Atlantic Gulf & Pacific Co.Court of Appeals of Maryland · 1939
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