Legal Opinion

People v. . Steeplechase Park Co.

New York Court of Appeals

Decided July 11, 1916PublishedCited by 40 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 6, 1915, affirming a judgment in favor of plaintiff entered upon a decision of the court on 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 January 6, 1915, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The defendants, or one or more of them, are in possession of certain real property at Coney Island, in the county of Kings, extending from an avenue known as Surf avenue, southerly to high-water mark of the Atlantic ocean, a distance of about 845 feet on the westerly side thereof, and about 757 feet on the easterly side thereof. Said real property is about 633…

1Opinion of the CourtChase, J.

So far as the judgment recovered relates to obstructions upon land below high-water mark other than land which is included within the description in the patent to Emile Huber of 1897, it is fully sustained by the findings of - fact included in the record, and by the law as stated by this court in many reported cases. Among such cases are Town of Brookhaven v. Smith (188 N. Y. 74); Barnes v. Midland R. R. Ter. Co. (193 N. Y. 375); Barnes v. Midland R. R. Ter. Co. (218 N. Y. 91.) .

The defendants are not entitled to maintain the obstructions erected by them below high-water pi ark adjacent and…

2Cases cited17 opinions

  1. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  2. Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
  3. Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
  4. Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
  5. People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877

12 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Appleby v. City of New YorkSupreme Court of the United States · 1926
  2. Martin v. BuschSupreme Court of Florida · 1927
  3. City of Galveston v. MannTexas Supreme Court · 1940
  4. Matter of City of New York (Upper N.Y. Bay)New York Court of Appeals · 1927
  5. Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1922

35 more not listed; retrieve them via the Exa API.

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