Atlantic Dock Co. v. City of Brooklyn
New York Court of Appeals
The Atlantic Dock Company sued the city of Brooklyn in the supreme court to recover for injuries to their property done by a mob, in July, 1863. . The action was founded on the act of 1855 (c. 428), which provides that when any property is destroyed or injured by a' mob, “ the city or county in which such property was situated shall be liable to an action by or in behalf of the party whose property was thus destroyed or injured, for the damages sustained by reason thereof.”
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The Atlantic Dock Company sued the city of Brooklyn in the supreme court to recover for injuries to their property done by a mob, in July, 1863. . The action was founded on the act of 1855 (c. 428), which provides that when any property is destroyed or injured by a' mob, “ the city or county in which such property was situated shall be liable to an action by or in behalf of the party whose property was thus destroyed or injured, for the damages sustained by reason thereof.” The plaintiffs were a corporation owning a basin on the Brooklyn shore of the East River, for the accommodation of…
1Opinion of the Court
By the Court.
Porter, J.
The statute under which the action was brought is free from constitutional objection. Darlington v. Mayor, &c. of New York, 31 N. Y. 164.*
The pier injured by the rioters was within the limits of the city of Brooklyn. It has been repeatedly adjudged that the boundary of territorial jurisdiction between the counties of New York and Kings is the actual line of low water on the Brooklyn side, whether corresponding with the original low water line on the East River shore, or varied by the permanent encroachment of docks, piers and wharves, or other artificial erections for…
2Cases cited12 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- The People v. . PinckneyNew York Court of Appeals · 1865
- Ely v. . Supervisors of Niagara CountyNew York Court of Appeals · 1867
- In re opening Thirty-second streetNew York Supreme Court · 1838
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3Cited by1 opinion
- New York Dock Co. v. Flinn-O'Rourke Co.New York Supreme Court · 1923