Coonley v. . City of Albany
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order .made July 7, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order .made July 7, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The complaint alleges that the plaintiff was the owner of a' dock upon the Hudson river, within the city of Albany, adapted to and Valuable for the lading, unlading and storage ©f merchandise from vessels ; that on the 26th day of September, 1888, a canal boat loaded with iron, while navigating the liver, sunk at the said dock, and thereby…
1Opinion of the CourtParker, J.
The defendant did not own, nor did it sink the boat. It neither caused, nor in any wise contributed towards the creation of the nuisance,. therefore, Brayton v. City of Fall River (113 Mass. 218); Haskell v. City of New Bedford (108 id. 216); Boston Jd. Mills v. City of Cambridge (117 id. 896); Franklin Wharf Co. v. City of Portland (67 Maine, 46); and Sleight v. City of Kingston (11 Hun, 594), cited by the appellant, are not in point. .
The liability if any, must be founded on a duty to keep the navigable waters of the Hudson within the city limits free from obstruction.
The obligation to keep…
2Cases cited3 opinions
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
- Seaman v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
3Cited by10 opinions
- Goldstein v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1980
- Dennis v. Mayor of RockvilleCourt of Appeals of Maryland · 1979
- Office Park Corp. v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1978
- Maryland ex rel. Pryor v. MillerCourt of Appeals for the Fourth Circuit · 1911
- Faust v. City of ClevelandCourt of Appeals for the Sixth Circuit · 1903
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