Vanderbilt v. Adams
New York Supreme Court
On error from the O. P. of New York. The action in the court below was by Adams, as treasurer of the New York hospital, for two penalties of $50, upon the statute, (~ess. 42, oh. 18, s. 35, 5 Laws N. Y. 24, a;) alleged to have been incurred by Vanderbilt, the defendant below, in reft~sing on two several days, to obey the orders of one of the harbor masters of the city of New York, as to stationing his steamboat at his wharf in the city.
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On error from the O. P. of New York. The action in the court below was by Adams, as treasurer of the New York hospital, for two penalties of $50, upon the statute, (~ess. 42, oh. 18, s. 35, 5 Laws N. Y. 24, a;) alleged to have been incurred by Vanderbilt, the defendant below, in reft~sing on two several days, to obey the orders of one of the harbor masters of the city of New York, as to stationing his steamboat at his wharf in the city. By the same section, the right of action is given to the plaintiff below. The court below decided that the statute in question was constitutional and valid;…
1Opinion of the Court
Curia, per Woodworth, J.
The act of ¡February 19th, 1819, (sess. 42, ch. 18, s. 35,) declares, that the harbor masters shall have authority to regulate and station -"all ships and vessels in the stream of the Bast and North rivers, within the limits of the city of New York, and the wharves thereof; and to remove, from time to time, such vessels as *350are not employed in receiving and discharging their cargoes^ to ma^e room f°r such others as require to be more immediately accommodated, for the purpose of receiving or discharging their’s: and that the harbor masters, or either of them, shall have…
2Cited by37 opinions
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- City of Chicago v. Gunning SystemIllinois Supreme Court · 1905
- Wilson v. Eureka CitySupreme Court of the United States · 1899
- In re FlahertyCalifornia Supreme Court · 1895
- East Saginaw Manufacturing Co. v. City of East SaginawMichigan Supreme Court · 1869
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