Brower v. Mayor of New-York
New York Supreme Court
In Equity. This was an application for an injunction. The bill was filed by persons owning and occupying property situate in the fifth ward of the city of New-York, in the neighborhood of the place called the north battery, on the North river, at the foot of Hubert-street.
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In Equity. This was an application for an injunction. The bill was filed by persons owning and occupying property situate in the fifth ward of the city of New-York, in the neighborhood of the place called the north battery, on the North river, at the foot of Hubert-street. The bill stated that the section of the city in which the north battery was situated had been improved by the erection of dwelling houses, mostly of a costly description, and that the same were chiefly occupied for dwellings, by persons doing business in other parts of the city. That by an act of the legislature of this…
1Opinion of the CourtHuexbut, J.
The premises known as the north battery, are owned by the mayor, aldermen and commonalty of the city of New-York, and while as such owners, they enjoy, in respect to this property, all the rights to which private persons would be entitled, they are subject also to the same duties and obligations in respect to others owning adjacent lands, that the law imposes upon private persons owning real estate.
That the premises in question are held as a public trust, and that no private gain or profit is to be derived from their possession, does not in the least diminish, or vary, the duties and…
2Cases cited1 opinion
- US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
3Cited by7 opinions
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Mayor of Baltimore v. Fairfield Improvement Co.Court of Appeals of Maryland · 1898
- Wilson v. BeyersWashington Supreme Court · 1892
- Roosevelt v. DraperNew York Supreme Court · 1858
- Harlem Gas Light Co. v. The Mayor, Aldermen & Commonalty of the City of New YorkThe Superior Court of New York City · 1865
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