Hynes v. New York Central Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 12, 1920, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 12, 1920, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The doctrine that “ the oWñer--a£-^F'wharf, pier or like projection, even if it run out beyond the proper exterior line, has a good right against all private intruders or trespassers ” applies only where the projection is an integral part of the wharf or pier, and has never been applied, even then, when such projection is an unlawful interference with…
1Opinion of the CourtCardozo, J.
On July 8, 1916, Harvey Hynes, a lad of sixteen, swam with two companions from the Manhattan to the Bronx side of the Harlem river or United States Ship canal, a navigable stream. Along the Bronx side of the river was the right of way of the defendant, the New York Central railroad, which operated its trains at that point by high tension wires, strung on poles and crossarms. Projecting from the defendant’s bulkhead above the waters of the river was a plank or springboard from which boys of the neighborhood used to dive. One end of the board had been placed under *232a rock on the defendant’s…
2Cases cited5 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Beck v. . CarterNew York Court of Appeals · 1877
- Jewhurst v. . City of SyracuseNew York Court of Appeals · 1888
- Hoffman v. . ArmstrongNew York Court of Appeals · 1872
- McCloskey v. . BuckleyNew York Court of Appeals · 1918
3Cited by14 opinions
- Edelson v. SoricelliCourt of Appeals for the Third Circuit · 1979
- Luciana v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2007
- Michigan Mutual Liability Co. v. ArrienCourt of Appeals for the Second Circuit · 1965
- Salt River Valley Water Users' Ass'n v. Compton Ex Rel. ComptonArizona Supreme Court · 1932
- Cohen v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1934
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