Town of Smithtown v. St. James Oyster Co.
New York Supreme Court
Suit to enjoin defendants from taking away, or interfering with oysters in St. James bay, or Stony Brook harbor, Smithtown, and for damages.
1Opinion of the CourtPutnam, J.
The St. James Oyster Company was incorporated under the laws of New York, in May, 1910, the incorporators being Mr. John S. Seaman of St. James, and Messrs. William H. Smith and Edward L. Manville, both of New Haven, Conn.
*174The town of Smithtown had long exercised control over the navigable waters of St. James bay or Stony Brook harbor.
In. March, 1910, Mr. Seaman made an application to the town board of Smithtown on behalf of the St. J ames Oyster Company to plant oysters upon land in waters in this harbor, which application was refused. Indeed it had been the town policy for over thirty years…
2Cases cited9 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- McCready v. VirginiaSupreme Court of the United States · 1877
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- Rogers v. JonesNew York Supreme Court · 1828
- Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875
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