Kingsland v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the first judicial department, made January 19,1887, which reversed a judgment in favor of plaintiff, entered upon the report of a referee and ordered a new trial.
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Appeal from order of General Term of the Supreme Court in the first judicial department, made January 19,1887, which reversed a judgment in favor of plaintiff, entered upon the report of a referee and ordered a new trial. (Reported below, 45 Hun, 198). This action was originally brought by plaintiff, as sole surviving trustee under the will of Daniel C. Kingsland, deceased, to restrain defendants from further filling in and to require them to remove a bulk-head erected and solid filling deposited by them in front of plaintiff’s bulk-head on the Hudson or North river, and to recover damages.…
1Opinion of the CourtFinch, J.
We have already determined that the destruction of the wharf rights belonging to private owners, consequent upon the construction by the city, under the act of 1871, of an exterior line of docks owned and controlled by the municipality, involved the necessity of compensation to such owners for the property rights thus taken away. (Langdon v. Mayor, etc., 93 N. Y. 129; Williams v. Mayor, etc., 105 id. 419.) What shall be the measure and basis of that compensation is the question now presented, and in a form which excludes damages for a tort or redress for a wrong, but treats the case solely as…
2Cases cited2 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- People v. MalloryNew York Supreme Court · 1873
3Cited by34 opinions
- City of New York v. Wilson & Co.New York Court of Appeals · 1938
- Matter of Mayor, Etc., of N.Y.New York Court of Appeals · 1892
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
- Calor Oil & Gas Co. v. FranzellCourt of Appeals of Kentucky · 1908
- Marina N. Oswald Porter, Individually, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1973
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