Smith v. . Levinus
New York Court of Appeals
The questions in this action arose upon a demurrer to the complaint. It was entitled “ Silvanus S. Smith, supervisor of the town of North Hempsted, against Joshua Levinus,” and was commenced in these words: “ The complaint of the plaintiff above named as supervisor as aforesaid shows, &c.”
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The questions in this action arose upon a demurrer to the complaint. It was entitled “ Silvanus S. Smith, supervisor of the town of North Hempsted, against Joshua Levinus,” and was commenced in these words: “ The complaint of the plaintiff above named as supervisor as aforesaid shows, &c.” It then alleged that the board of supervisors of Queens county had passed an act to provide for shell fish within the waters of that county, a copy of which was annexed to the complaint, prohibiting dredging the public waters of the county for oysters, and that the defendant had violated the law by dredging…
1Opinion of the CourtMorse, J.
The people in their sovereign corporate capacity own the beds of all navigable waters within the state. They are held for the common benefit, and to promote the convenience and enjoyment of all the citizens, and not in the manner the capitol and public buildings are owned. Thus it is not to be. supposed possible that this ownership can be exercised so as to operate injuriously upon private rights, as by authorizing A to erect a wharf in the front of the lands of B lying upon navigable waters, and thus prevent his access to them. One of the purposes for which the people own the beds of such…
2Cited by14 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Lawton v. . SteeleNew York Court of Appeals · 1890
- Sterling v. JacksonMichigan Supreme Court · 1888
- Supervisors of La Pointe v. O'MalleyWisconsin Supreme Court · 1879
- People v. Brennan, New York County Courts1931
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