People v. . Delaware Hudson Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 10, 1913, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 10, 1913, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The Supreme Court of this state has no authority to permit or authorize the erection of a bridge over a concededly navigable stream. (L. 1910, ch. 481, §§ 8, 21.) The judgment of the trial court directing that defendant remove at its own…
1Opinion of the CourtChase, J.
This action is brought to abate an alleged public nuisance and to have it adjudged that certain embankments which it is alleged in the complaint the defendant erected in the waters of Island creek and also a certain trestle bridge which the defendant had erected across said stream interfered with and obstructed navigation and that they were purprestures and public nuisances, and to restrain and enjoin the defendant from continuing to encroach upon the bed and waters of said stream and also to compel it to remove forthwith at its own cost and expense the encroachments and obstructions which it…
2Cases cited5 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- The People v. . VanderbiltNew York Court of Appeals · 1863
- Fort Plain Bridge Co. v. . SmithNew York Court of Appeals · 1864
- Williams v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Matter of City of BuffaloNew York Court of Appeals · 1912
3Cited by10 opinions
- People v. . Steeplechase Park Co.New York Court of Appeals · 1916
- Sound Marine & MacHine Corp. v. Westchester CountyCourt of Appeals for the Second Circuit · 1938
- People v. System Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
- People v. System Properties, Inc.New York Court of Appeals · 1957
- Macrum v. Board of SupervisorsNew York Supreme Court · 1931
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