Trustees of Freeholders & Commonalty v. Jessup
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 10, 1896, affirming a judgment in favor of plaintiffs entered upon a decision of the "court after a trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 10, 1896, affirming a judgment in favor of plaintiffs entered upon a decision of the "court after a trial at Special Term. This action was brought to enjoin the defendant from excavating, embanking or otherwise interfering with lands under the waters of Great South Bay at Potunk Point, in the town of Southampton, county of Suffolk, and to recover damages for alleged trespasses of like character already committed. The answer justified the acts of the defendant under…
1Opinion of the CourtVann, J.
The roadway in question is one of the approaches to the same bridge that was recently .the subject of controversy in this court, and was built under the authority of the resolution then under consideration. (People ex rel. Howell v. Jessup, 160 N. Y. 249.) We held in that case that the plaintiffs in this action, through the Andros and Dongan charters, became vested with “ a title and sovereignty over the waters, and the lands thereunder, at and opposite Potunlc Point, that enabled them to permit the doing of all things that a government may do for the benefit of its people,” and that they had…
2Cases cited10 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- California v. Central Pacific RailroadSupreme Court of the United States · 1888
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
- Mayor, Etc., of N.Y. v. . StarinNew York Court of Appeals · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- City of Owensboro v. Cumberland Telephone & Telegraph Co.Supreme Court of the United States · 1913
- In Re Initiative Petition No. 2 of CushingSupreme Court of Oklahoma · 1932
- Rosenstiel v. RosenstielAppellate Division of the Supreme Court of the State of New York · 1963
- Conner v. ConnerAppellate Division of the Supreme Court of the State of New York · 1983
- First Construction Co. v. . State of New YorkNew York Court of Appeals · 1917
39 more not listed; retrieve them via the Exa API.