Brown v. City of New York
Appellate Division of the Supreme Court of the State of New York
Patterson, J., dissented. Appeal by the plaintiffs, Charles A. Brown and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the ISth day of November, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
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Patterson, J., dissented. Appeal by the plaintiffs, Charles A. Brown and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the ISth day of November, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits. On the 31st day of December, 1901, the minutes of the board of docks of the city of New York showed the following action: “ The following permits were granted, to continue during the pleasure of the Board, the work to be done…
1Opinion of the Court
Laughlin, J.:
There are three grounds upon which the judgment should be affirmed.
First. Considering the pier as a whole, the evidence fairly justifies the finding of the trial court that for upwards of ten years it had been used for the loading and discharging of sailing vessels regularly employed in foreign commerce and having a draught of more than eighteen feet of water. Such use of the pier, however, was principally upon that part of it variously referred to as the northerly or easterly half. The use of the part referred to as the northerly or easterly half by vessels of this kind and…
2Cases cited4 opinions
- Murdock v. Prospect Park & Coney Island RailroadNew York Court of Appeals · 1878
- People v. Baltimore & Ohio R. R. Co.New York Court of Appeals · 1889
- Burns v. . BryantNew York Court of Appeals · 1865
- Babcock v. UtterNew York Court of Appeals · 1864
3Cited by5 opinions
- Bedell Co. v. HarrisAppellate Division of the Supreme Court of the State of New York · 1930
- Borough Bill Posting Co. v. LevyAppellate Division of the Supreme Court of the State of New York · 1911
- City of New York v. . Union News Co.New York Court of Appeals · 1918
- City of New York v. . BrownNew York Court of Appeals · 1904
- City of New York v. Union News Co.Appellate Division of the Supreme Court of the State of New York · 1915