Knickerbocker Ice Co. v. . Shultz
New York Court of Appeals
Appeal from a judgment of the General -Term of the Supreme Court in the third judicial department, entered upon an order made at the September Term, 1886, which reversed a judgment in favor of plaintiff, and dismissed the complaint in the action on the merits. This action was brought to restrain defendants from erecting a pier or dike in front of their uplands on the bank of the Hudson river.
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Appeal from a judgment of the General -Term of the Supreme Court in the third judicial department, entered upon an order made at the September Term, 1886, which reversed a judgment in favor of plaintiff, and dismissed the complaint in the action on the merits. This action was brought to restrain defendants from erecting a pier or dike in front of their uplands on the bank of the Hudson river. The plaintiff and defendants are adjoining owners of uplands on the west shore of the Hudson river. The plaintiff’s grantor, in 1859, built a wharf below high-water mark and opposite to its adjacent…
1Opinion of the CourtParker, J.
The state has succeeded to all the rights of both crown and parliament in the navigable waters and the soil under them. (Langdon v. Mayor, etc., of New York, 93 N. Y. 129.) Through the medium of the legislature, the state may exercise all the powers which previous to the Revolution could have been exercised either by the king alone or by him in conjunction with his parliament, subject only to those restrictions which have been imposed by the Constitution of this state or of the United States. (People v. N. Y. & Staten I. Ferry Co., 68 N. Y. 71.)
The right to navigate the public waters and to…
2Cases cited5 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
- Burbank v. . FayNew York Court of Appeals · 1875
- Lansing v. SmithNew York Supreme Court · 1828
- People v. SchermerhornNew York Supreme Court · 1855
3Cited by29 opinions
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
- City of New York v. Wilson & Co.New York Court of Appeals · 1938
- People v. . Steeplechase Park Co.New York Court of Appeals · 1916
- People Ex Rel. Howell v. . JessupNew York Court of Appeals · 1899
- Slingerland v. . International Contracting Co.New York Court of Appeals · 1901
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