New-York daily tribune., 1851-08-28
,n,xpvopv nauy TRIBUNE, THURSDAY. AUGUST 2S 1851

self in the fighting n the Aqueiuct and Gan'a Beien
He wss fne SYecimen Of the brave ani accom-
pl.shed c!Ecsrs OF whom West Point has gwen 81
many % the Amy worthy Of the reputation &C
corced them by De Toccueville who said that when
Re ret az cffcer of the l. ;. Army he met a gea-
uer-ar. ., S.eWaTt iwice bFevo.ted for his
eallsr'ly md BY none was the compliment ever bet
ter deserved. 0.v.
NrBLo's.-To-u;ght Mrs Mowatt is to
give her best e;nr;s IN the legitimate character %
juliet" Mss NaliaCS W.. sustain tae rAgs y.
tie zero and loye-s,ck sNan " Romeo"
IsrAL RAILROAD Accommodations s.
c'ciorA Yesterday afternoon lad named James Col
lear. v LoSe parents reside IN ChsreS->t near West,
While rarg O. the steps OF otsg 'ee-ct AZ oi tae
HucSon Railroac a> Il was passing through Wcsi-St
lStUeor Amos aIe ChaTiss-sS.. he, Is Il ! SAID, ie
se.o1C The wheel of the car, which passed osev BON
his legs crushing them IN an awful manner lie was
picked up Immediately and conveyed 70 the tiiy
Hospital. where. notwithstanding every means were
geSoTiod 10 to prooug hie the injured boy died IN
about NO hours afterwards. The Coroner NIL Ao!d
IN inquest on the body az II O'Clock this morning
The railroad company kindly proposed 10 defray tie
funeral expenses OF tac deceased.
SuPREME CouRr-THE FERRy ArFAla.-
Sre-ia! Ttrvs-Before Judge EdmondS
CornfluS VGHcrb,if against t5s Neur- forl dnd >f1
IN Fsla-d Fsr-v co. George Lar GrE Others The mo-
ton as 10 injunction prohibiting the new company
from la-dIus passengers across the ne" dock loot OF
GTsnt-st. staten Island buliioy them on ilId leased
OF Nj Western. came up, MeSSrs. ClaIks an1 IhOrne
appearing for plaintiff, and NeSSrS. Western. Emer-
son. MatheT ana an Buren, for defense. MT- Van
CeTblil was present IN Court
u WAS shown that Abraham Van DuSea, IN l,lA,
a, the time Of has cea;A. owned large tract GA
Staten Island, which he hcCueathed 10 his children,
IuakEg MS son Daniel and son-n-law Abraham
Jones, executors. and his wife cNeCctTiN In 1916
he 4 a
the lane under water 500 feet out nom 10" water
mark Subsequently, Daniel and Jones bought the
shares oi the otAer hens. In Nov, ISIS, they sold
70 Israel e. Collins the land now owned by
Nr Western. giving deed therefor, and also sold,
aScxecutofs oi Abraham Van d, the land under
wa'cr below low water mark. IN 'front.' OF sad land,
800 io1i. beng portion OF the grant, and giving an
otter GCet thtIciCr m ISL Daniel Van d. (hr.
Jones beng 0caC) leased - Mr. vanderbilt the
Richmond Turnpike CO.. the space between hlgh
and low water mark, IN mont OF Collins purchase,
lie paSln. $40 wear l. ~aS then claimed mat
dock erected by Nr Oliver Vanderbilt encroached
partly on sand premises and wni OF electment was
got out. Daniel Van DuZer died IN lSt5, leaving
John. Daniel C.. Isaac and jacob Van ID his eNecu-
tors On 18TH June, 1851, Mr.. Western leased to the
new Ferry co. the premises now held by them, and
MI NandeIbiit claims to have purchased aSreeably
10 reservation IN that lease, Of 10 years to hm on
oath June. 1881, OF Daniel {. Van DuZer. lau the
rest he executors O Daniel being dead. the space
between high and low water-about $50 feet along
tie shore by So cct-Oi the premises aoovc-naIned,
paving SJtt ilt ft.Of, tAu Also IoAN Nliu Auui
MIS-. Jones, IhCn become married 20 Mr. SIMON Pc
rerc payiIg Sl5CCO therefore, 80 feet On the east
side OF the shore road down 10 low water marx ana
.Oo icet beyond, and lib feet between hgh ana 10"
i water marx above.
The complaint alleges that the property leased by
VT " 20 The new company comprehcnds tins latter.
/ and that Nr '. OWNS between high and low water
/ mark. Hence the motions for injunction, &c.
II was shown that Nj Western has owned the
properly with the deeds for the land and for 500 feet
below low water magA as stated, ior IL years ana IL
had been previously owned by Mr.. collins, VINO
bought Of the executors, and that lhts hhu never
heard anv preeu>e OF claim 10 the land between low
/ and nigh water mark.
It's insisted on behalf OF defense that owning the
/ upland and the space outside OF low "aIer marx
carn,s also tie ownership, a. right OF way between
high and low water mark This rs denied on the pafI
oi Mr v, who contended that II was sepaate--aiSo
that possession for - years does not give utie' as
MT ". cannot clam IN conjunction WIN those VINO
| previously owned.
The principal question as to tins lnlunctIen ap-
ptars 10 be whether there had been Such an Occupi-
! ion by Mr. ". previous 10 the injunction beng
issued as % give 10 him the night OF possession II
so, IuJuLction cannot he. and the proceeding must
B be Is eJtCmtnt.
Nj Van Buren. in concluding for defense, stated
that there had never been any doubt express IN
TIE eighteen wears be has had Il, as to the right of
Mr Western, ull II was found that tne property as
10 lie useG ior Ferry purposes. The simple OBJECT oil
! complainant Is 10 cut ot the use Oi the property To
/ others. without intending to make any beneficial
/ use of IT himself. he claims nom hat TO three
quarters OF mile along the shore al staten Island
so that be can deprive others Of the use o. II Tor Terry
/ PURPOSES without wanting 20 use II himself anu Tie
! moment It i> sought for lie public beueht, as the
shore was nieIdCt he ntcrteIts aud asks the Court
/ with Powerful hand TO prevent II. The Court Will
cXCTCisC extreme caution IN granting request Tor H.
junction iN such a case this, Wlefc The cOnsc-
qutucts Il granted. Will be tremendous to us, but
! 4 o. 'l.std. Ci bur slight consequence 10 HIM MIR
. YsI Bultn Con'ended that M Vanderbilt has 10
pli 20 The space between high and low water mark
4 el..I ~ q I'd
Duler rs II bad already been sold to M. Western,
aiG % 10 hos not clear ute 10 The and he cannot
} lave ilbuctlon Where man sells a piece Of land
beyond otlCr land owned by hlm. he sells also right
Oi NAY. THIS can be- seen b. authorities m lSt Com
/ SlCCt. it3. &c. Where person owning The whole,
deeds he upland and 500 feet below low water, as
/ Van puzcr dlC 20 Mr. Collins, he also Includes be-
tween high and low water mark, a> a right Of way,
/ or Tie Mater sale would be useless, &c. Mr. van
W., proceeding, when the Court adloumel to th's
. forenoon.