India Wharf Brewing Co. v. Brooklyn Wharf & Warehouse Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Wharf and Warehouse Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of April, 1900, upon the decision of the court rendered after a trial at the Kings County Special Term, enjoining the defendant from constructing an extension to a pier, and directing the removal by the defendant of certain piles forming part of such proposed extension.
1Opinion of the Court
Hirschberg, J.:
The plaintiff has Secured a judgment perpetually enjoining the defendant from constructing an extension to pier 35 in the Atlantic basin, in the borough of Brooklyn, which extension is designed to connect that pier with the shore at - the India wharf. This judgment is based on a decision finding that on ór about the 31st day of October, 1899, the defendant entered upon the slip or waterway in the Atlantic basin in front of and abutting the property of the plaintiff described in the complaint, and partially constructed a pier in said slip or waterway from the India wharf to pier…
2Cases cited8 opinions
- Mott v. . MottNew York Court of Appeals · 1877
- Haberman v. . BakerNew York Court of Appeals · 1891
- Dunham v. . WilliamsNew York Court of Appeals · 1867
- Wetmore v. . the Brooklyn Gas Light Co.New York Court of Appeals · 1870
- Wetmore v. Atlantic White Lead Co.New York Supreme Court · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- New York Dock Co. v. India Wharf Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1908