New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-04-07
LAW INI,ELLIGE.WCE.

SUPREME COURT-SPEcI.L TERM-Apr 6-Beore Judge
ROOSEVELT.
IMPORTANT TO SHIPPING MISUNDERSTANDING
DOCKS HELD TO BE NEUTRALITY-SUSPICIOUS.
POWERS AND DUTIES DEFINED.
John and George Hecker as The NewYok Balance Dock
ROOSEVELT, 1.-THE plaintiffs, who are the ownsrs
OF the Croton Mile, and large amount OF other real
eetate in the neghborhood of Pike slip on the East
River complain that the defendants about year ago,
stationed in the clip Iating dock permanently Sc
cured to one of the piers, greatly incommodDg tina
plaintiffs busn ess in esscg the expenses OF carriage
and impsiIing the value OF Their property and they
ask for a Judgment of Court 10 ab.te the SAID
nusarce az they call it, and 70 restrain the defend
ants BY injunction, from fur her Gb;raS,ns or mc9m-
beripg the said basin, sad bulkhesds or piers
The Dock Company in their answer, among other
,h % deay that s-lr rUrKs are an oDsuucoo 10 Inc
pubnc bighwsys, or that they are paoli: "a'sauce
o. that they are productive of gres' .oJ'ry 70 the
" nlsnt;ffs ar sny other citizeus;" on Toe contrary
they insist that their occupation M TIE lifting raising OF sg'
raining vessels which require repairs, is lawful commercial
On the trial which med toe larger portion OF week
area lumber mechanics aud oher persons were
n 81 bo,e ony shows y that the dock, 10 some
extent the OF special injury TO tue
s haven speei f Reii %SiviSay behalf
70 ask ,sga III s sbseS by and without suit g Rep
In-Czo Car lO the orderly mode IL By appcaoh 70
the and bttr the dock OF the endIos Inooed
and permanently established in of the pubic slips h IN
sses ssns Sdck IN me rrsr it is said in
Hawkins Plea. of toe Crown tvol p I'D sthonsn oe1
wssone useful and necessary may be h.
who con nu1y obsucs of street in the exet
OF business. be indicted as nuisance 70 East
he hsbi,.us of town had by custom watering
,lsce in conmop for heir cattle %hch stopped 81
ant mish have an action against uupng individual
nuisance In the OF Comieg snd Lowere % Johnson
Injunction gran'e1
sance against person who erecting his house Panty on
the street. the prejudice OF the common set OF al
The evidence present show. thai the business of
The por IT, In and very nature monoPoS IL an
exclusive appropriation to the few OF rights belonging equally
The Sip part of the highway lie continuation
Of the the The piets Us iucdsts
and necessary to place for aiding aud un.
kadps The therefore comes within the ssthories
CITED In both land highway and a; wste nigh
way Ii permanent exclusive appropriation by the defend
the south half OF the pier and the north bali OF he
vessel enter TO load discharge or Tor any other a
pose except to reP and then only on PAYING such toll as 1
ment which the vessels the oostructs
The cartsse 10 ana vessels monopoly thus In
The as.Smpn Of franchise or exciutve privilege in
other setting up OF monopoly unless sanctioned by
Ninth Avenue Railroad Is Abbott 2sa decided General
Tenn direct authority % sss ec Now Now ao o6
Of the Common Council Their only w,ira9
docImss,er-an officer legally 1.-THE alleges
assign shps other vessels TO bes aud locations but
moSSpoes The object Of the office 6owever
shts prevent aud to de
snd them: His duty Is TO see from tine to time ha, equal
eye isbof by assigning the whole or as
Of slip aud forever TO apSttoasr favor
ie II obvious besides floating dock, imnovaole
except la perpendicuar coud have been IN
t.pded be embraced ships vessels The
whole the ordinance that words lad feie
ard sailing cr whether small or large whi;s
load aud unload freight and
which constantly coming and toing floating dock
froy TO stationary structure. use
falls h the tide hat has no horizontal motion BY bold
speech and Ia hgursve perhaps b,
the itself, the
per somedmes desisua'ed by ;aa speculation. But tbs
dook 20 Ia Of the ordnance than toe
nan or the And Il could be considered,
ocer 40 held by Judge Mitchell in the another
,hs.s aocls us H0w 40) has the power slov sui
90 ia in psoc Detded for the dAtoI
Of vessels IN Gctiye employ u,nI m
Elosps ocks doubt needed Theyimust be moore
otsr Tie evidence shows that they eau be p.Sesd else
where In tie harbor without iuJanosy Oo'ucuhs "e ota
nav opera O loading asd uooadue
Other locations peril some respects Dc le o9nVe
plent That cDsderStloo, however, 70 oe azores &c
no the Courts the LIE glssure-the ooly whVa Aon
which attain greater good, Can None ""
IN certain lini regulate aud waive comoon nghS a
that judge do upon the cisns OIL lhe e
nd.ns under u law H. stGuds-thse clnuis peIA zen
70 mon, police lIse portion OF number Of zoe pHole sp
orrr cart mAstiue highway and indirety viz
ont M. sanction and without tb safeguards o. law 70
sreh tolls fer SPECIAL the Dock Company may see "
he sustained And above ALL the plea oil aoes
as the for tho aud con
nn.noe esa never accepted. The aespoisul 1t Is
saacis1ix 10 the proposed npits
d hs IN olerbe Even the Common Council have ucl
power By the of April TO- 1882 they were authorized
80 oana,ces designating from time TO- time, psrtiea la
~h.yss pier slips the particular OF paIticuA
>sIasss " dssoFf'eas ef ships W sse BIZ No aeRen>