Sage v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie plaintiff, Henry W. Sage, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 26th day of June, 1895, upon the decision of the court rendered after a trial at the New York Special Term dismissing his complaint.
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Appeal by tlie plaintiff, Henry W. Sage, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 26th day of June, 1895, upon the decision of the court rendered after a trial at the New York Special Term dismissing his complaint. This action was brought to procure an injunction restraining the defendant from entering upon the plaintiff’s premises and from dumping any substance thereon, and to compel jiayment of the value of the privilege of dumping already exercised upon a strip of laud upon the Harlem river, between…
1Opinion of the Court
Patterson, J.:
The claim of the plaintiff is presented in two aspects: First. He asserts ownership of the land reclaimed from the water and contiguous to his upland; an alleged ownership arising from ancient grants, or, failing that, growing out of the principles and rules of law relating to accretions of land from alluvion or reliction. Second. If it is held that the claim of ownership of the made or reclaimed *295lands is not established, the plaintiff insists that he is entitled to compensation for the destruction of his riparian rights .caused by the acts of the officers of the city of New…
2Cases cited5 opinions
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- Mayor, Etc., of City of N.Y. v. . HartNew York Court of Appeals · 1884
- Towle v. . RemsenNew York Court of Appeals · 1877
- Nott v. ThayerThe Superior Court of New York City · 1857
- Cozine v. WalterNew York Court of Appeals · 1873