St. John v. Mayor, Aldermen & Commonalty

By the court—Woodruff, Justice.

The complaint herein avers, that the plaintiff is the occupant of certain premises situated upon Catharine slip, in this city, used as a refectory and lodging-house. That the premises are situated directly opposite to a public market, and near to a public ferry, and that the street has been and was a great public thoroughfare. That the prosecution of the plaintiff’s business, and the public health and convenience required that the said street should be kept clear and free of and from all permanent obstructions of every kind.

The complaint then proceeds to charge…