Whittaker v. Burhans
New York Supreme Court
11HIS action was brought to. recover damages for the defendant entering upon a piece of flat land covered by the waters of the Hudson river, which the plaintiff claimed to own; which land is described in the plaintiff’s complaint as follows, viz : “ All that portion of the flats or fishing ground in the Hudson river, lying below the mouth of the Esopus creek, opposite a place called Grlasco, and which was allotted to Christina Demyer in a division of the property of William…
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11HIS action was brought to. recover damages for the defendant entering upon a piece of flat land covered by the waters of the Hudson river, which the plaintiff claimed to own; which land is described in the plaintiff’s complaint as follows, viz : “ All that portion of the flats or fishing ground in the Hudson river, lying below the mouth of the Esopus creek, opposite a place called Grlasco, and which was allotted to Christina Demyer in a division of the property of William Cockburn, deceased, • being ■bounded on the northeast by the fishing ground conveyed to Edward and Walter Miller, and…
1Opinion of the Court
By the Court,
Balcom, J.
1 am of the opinion that.the plaintiff established his right to the soil where the defendant did the acts complained of, tracing his title from the crown of Great Britain-; and I shall hold that, he is the owner of the locus in ■quo, - viz., the land described in . the complaint. The premises are not in the channel of the Hudson river, but west of it, between it and the west shore, and adjoining the west shore of that river, and in the county of Ulster. The tide usually ebbs and flows *239over the land. At high tide the water is usually from six to eight feet deep on the…
2Cases cited4 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Rogers v. JonesNew York Supreme Court · 1828
- Lowndes v. DickersonNew York Supreme Court · 1861
- Brink v. RichtmyerNew York Supreme Court · 1817
3Cited by2 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- In re CullinanNew York Supreme Court · 1903