People Ex Rel. Howell 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 upon an order made April 26, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court'on trial at Special Term. This action was brought to restrain the defendant from maintaining, - and to compel him to remove, a bridge constructed by him over the waters of the Great South Bay, near the village of Westhampton Beach, Long Island.
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Appeal from a judgment of the Appellate Division of the ■Supreme Court in the second judicial department, entered upon an order made April 26, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court'on trial at Special Term. This action was brought to restrain the defendant from maintaining, - and to compel him to remove, a bridge constructed by him over the waters of the Great South Bay, near the village of Westhampton Beach, Long Island. The facts, so far as material, are stated in the opinion The town of Southampton under the Andros and Dongan royal charters…
1Opinion of the Court
Parker, Ch. J.
Great South bay stretches its way along the south side of Long Island for a distance of about forty ■miles, separated from the ocean only by a narrow sand spit or beach, varying in width from a few hundred yards to half a mile, except at Fire Island, where there is an inlet through which the waters of the ocean flow and ebb to and from the bay; craft, employed both for pleasure and for trade, have ploughed its waters for many years, although there are, of course, very many small arms or bays, as well as what are termed meadows, where it is not practicable to sail even the…
2Cases cited14 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
- The People v. . VanderbiltNew York Court of Appeals · 1863
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3Cited by35 opinions
- MacRum v. HawkinsNew York Court of Appeals · 1933
- Trustees of Freeholders & Commonalty v. JessupNew York Court of Appeals · 1900
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- Poster v. StroughAppellate Division of the Supreme Court of the State of New York · 2002
- Trustees of the Freeholders & Commonalty of Southampton v. JessupNew York Court of Appeals · 1903
30 more not listed; retrieve them via the Exa API.