Ph&338nix Construction Co. v. . Cornell Stbt. Co.
New York Court of Appeals
Appeal in each of the ahove-entitled actions from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1911, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal in each of the ahove-entitled actions from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1911, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The court below erred in failing to hold on the findings that the borings erected by the plaintiff were unlawful obstructions to the navigation of the Hudson river, and that accordingly the plaintiff, as a wrongdoer who had built a nuisance in the navigable…
1Opinion of the CourtG-ray, J.
These three actions arose out of collisions by canal boats, in tow of the defendant’s tugboats, with certain scows and other properties of the plaintiff in July and October, 1908. The plaintiff, was under contract with the board of water supply of the city of New York to make boring tests in the bottom of the Hudson river; in order to determine at what place an aqueduct, or a tunnel, should be constructed for the conveyance of waters from the west side to the east side of the river, with which it was proposed to supply the city of New York. While carrying on these borings at points in the…
2Cited by3 opinions
- Cornell Steamboat Co. v. Phœnix Construction Co.Supreme Court of the United States · 1914
- White, Gratwick & Mitchell, Inc. v. Empire Engineering Co.New York Supreme Court · 1923
- Henry E. Fox Construction Co. v. Dailey's Towing Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1917