New York Dock Co. v. Flinn-O'Rourke Co.

This is an action for an injunction to restrain the defendants from occupying the slip at the foot of Montague street, Brooklyn, between two of plaintiff’s piers for the construction and operation of the Whitehall Street-East Biver-Montague Street tunnel of the subway system now under construction by the city of New York under the direction of the public service commission of the first district.

There is no substantial dispute about the facts. The land under water in the slip at the foot of Montague street out to the pierhead line of 1873, except, perhaps, a narrow gore on the south side of…