Heaney v. Heeney
New York Supreme Court
Action on the case, tried at the Kings circuit in December, 1842, before Kent, late C. Judge. The suit was brought to recover the value of a vessel called a barque, belonging to the plaintiffs, which, as Was alleged, was lying fastened to a dock in the East river in the city of Brooklyn, in July, 1842, when the defendants severed the fastenings and cast her loose, by reason of which she floated off with the tide and was injured and rendered worthless.
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Action on the case, tried at the Kings circuit in December, 1842, before Kent, late C. Judge. The suit was brought to recover the value of a vessel called a barque, belonging to the plaintiffs, which, as Was alleged, was lying fastened to a dock in the East river in the city of Brooklyn, in July, 1842, when the defendants severed the fastenings and cast her loose, by reason of which she floated off with the tide and was injured and rendered worthless. The plaintiffs gave evidence tending to prove the facts alleged. It appeared that the dock was in possession of Heeney, one of the defendants,…
1Opinion of the Court
By the Court, Jewett, J.
I am of opinion that the charge to the jury is sustained by the principle that there is a license implied by law to all persons navigating public waters, to occupy such erections as the dock in question in the manner and for the purposes contemplated by the owner, and for which they are constructed; and that it was not necessary for the plaintiffs in this case to make an express application to the owner for permission to do so. The keeping such dock, like keeping an inn, confers a general -licence to all persons to occupy it for lawful purposes. The mind of the owner…
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