Grill v. Wiswall
New York Supreme Court
Appeal from special term. Action by August Grill against Charles E. Wiswall. From an order denying a motion to continue a preliminary injunction pendente lite, plaintiff appeals.
1Opinion of the CourtMayham, P. J.
The plaintiff, by his verified complaint, alleges that he is the owner of lands under water in the Hudson river, which he therein describes by metes and bounds, and charges that, before the commencement of the action, defendant wrongfully and forcibly entered upon such land under water, and then and there commenced dredging and digging upon said lands, and deposited earth dredged and dug upon a portion of the same, and, on information and belief, charges that the defendant is about to continue dredging and digging, and depositing the earth dredged and dug upon the said lands of the plaintiff,…
Also in this document: Concurrence.
2Cases cited4 opinions
- Hudson River Telephone Co. v. Watervliet Turnpike & R. R.New York Court of Appeals · 1890
- Schermerhorn v. MerrillNew York Supreme Court · 1847
- Central Cross-Town Railroad v. Bleecker Street & Fulton Ferry RailroadNew York Supreme Court · 1875
- Hart v. Ogdensburg & Lake Champlain RailroadNew York Supreme Court · 1892
3Cited by5 opinions
- Mehene v. BallNew York Supreme Court · 1959
- Pratt v. New York Cent. & H. R. R.New York Supreme Court · 1895
- Whiting Mfg. Co. v. Joseph H. Bauland Co.New York Supreme Court · 1898
- Elbogen v. Gerbereux-Flynn Co.New York Supreme Court · 1900
- Johnson v. Kingston Board of EducationNew York Supreme Court · 1902