Walsh v. . New York Floating Dry Dock Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and comity of New York, affirming a judgment in favor of defendant, entered upon a decision of the court without a jury.. This action was brought to recover wharfage.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and comity of New York, affirming a judgment in favor of defendant, entered upon a decision of the court without a jury.. This action was brought to recover wharfage. The plaintiff's assignor, Thomas C. Burke was the grantee or lessee from the city of the wharfage accruing for the use and occupation by vessels of pier 48, East river, for the term of five years, from May 1, 1876. When the lessee entered on that date into possession of. the pier, the defendant’s floating dry dock lay in the slip between…
1Opinion of the Court
Andrews,
J. The plaintiff’s assignor Thomas C. Burke, as lessee of pier 48, East river, acquired all the rights of the city of Ngav York, the owner and lessor of the pier, to receive and demand Avharfage for the use of the pier during the term specified in the lease. The slip between piers 48 and 49 is not mentioned m the grant to Burke. It does not appear that the city had title to the soil under the water of the slip. It Avas not granted by the Montgomery charter. That grant embraced the land under water from high-water mark to a line 400 feet beyond loiv-water mark. (Davies’ Laws, 1633.)…
2Cases cited2 opinions
- Ex Parte EastonSupreme Court of the United States · 1877
- Wiswall v. HallNew York Court of Chancery · 1831
3Cited by8 opinions
- Griffin v. Oklahoma Natural Gas CorporationCourt of Appeals for the Tenth Circuit · 1930
- In re the City of New YorkNew York Supreme Court · 1936
- Town of Pelham v. The B. F. WoolseyDistrict Court, S.D. New York · 1883
- Clifford v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1896
- Ouachita & Mississippi River Packet Co. v. AikenU.S. Circuit Court for the District of Eastern Louisiana · 1883
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