New-York daily tribune., 1866-01-06
LAW INTELLIGENCE.
SUPREME COuRT-GEyYRtL TERy-Jas. -.-Bcfofc
Justice. fsGHIHAx LEOSArD aud "a NAHp.
THE PIERS AND wnARyEs or THE CITY-KlGHIs OF
RIPAHfAN OWyiES


THE PIERS AND wHARyEs or THE cITY-IlGHIs OF
RIPARIAN owSlRs.
Moses TAYLOR agt. H. D. and J. 4. Brookmsn.
The plaintiff is the owner Of piece Of land, be-
ing portion Of tract formally owned by him. which
bounded by Snceenih-t on the NORTH BY Seveneenihs
the south by Tompsnsst on the east. and by Avenue
om the Of tie upland, aud by grants Of
land lleT water from The Common COuci Of the City have
been vested ia the plaintiff In February 1862 be so ana
Veyed 10 the defendants NE ploch ns brweeh ereni
H. and Eishecnthst and Avenue and Tompkinsst to-
sppertarinr thereto The piut retained and .ti s the
piece Of and lying between tishcrnthsi the north the
ccler line Of suyyesantst the south, and line Of lS
feet cescrly Of Avenue and Ionpkius. with the
rights and privileges thereto apperanns and including the
night ofwkarafe aud creaslge thereon a Iompkn which,
therefore had been the exterior e Of The sd city on tho
River.
The rights Of the several owner. the land under water
tween Tomghnss and Tie land adjoining had been settled
and adj udicaed.
he exterior ne and all grants made or TO be made by the
Mayor &C. thereby were 10 be construed Tshuly made
proIreois Of the land there a. street and he s.ne had
been recognized such BY the public auhorties, but as
nce ceased TO be one Of streets Of the city eas Of the
Second ave, and thet part has been closed.
The act of 1854 ch i6J o8 established bukhead along
the kast River from Ninth.t to Forty nnths and provided
for The erection Of wall on that ne from seveneenth
20 Thrycgbthst with openings therein and the water
Ills however, no right 20 the city IN the land under
water between IOupknss aud the sea wall nor any 10 the
proprietor of the lfnd west Of Tompkin The lines Of the
bIkhead and piers by this act established according
tie report of te aIboI Commissioners, with some atera
tons therein stated and all filling beyond the bnlAhead line
was prohibited.
in December 1853 resolution passed by the Common
Council granting permission 20 the defendants Of
the rea ese stnse between Nineteenth aud Twentieth Il,
TO m n erect and build the bulkhead to the exterior bulk
head line established by the arbor CommisoIrrs. and
also TO erect and build to the exterior eawG 80 esHbhed
the pier the end of said streets Of the usual dmenons
under the direction Of the Street Commissioner Plans aud
specifications adopted and approved by the Street Com
missioner.
Under this resolution and permission, the defendants have
commenced building pier from the foot Of Nineteenth st.
following the line Of the street TO the exterior seawa,
established by the Harbor Commissioner. The location Of
said pier when extended 10 the wall line, viii cross be-
the land Of the plaintiff aud tie al, and would cut
on portion Of the oud of Stuygesants " extended 10 the
seasl and IN this way deprive tie paiuii Of III, ri t 10
wharfage, h land aud In 'front.' thereof Il tie scasga
ts he claims 10 be ent.tled to.
IL pTays for injunction Tesrhning the defendants from
erecting wharf Ia the wetefs OF the East River
beyond line running elery from the intersection of Avenue
and the center o kighteenbsi, parallel 10 the line Of
Stuyyeshut.fi., as extended 20 the exterior line
This motion denied al Special Term and the plaintiff ap
Ieals thercirom.
John n Whiting for plaintiff Gilbert Dean or defendants
IsGKAHAs r. Jlt j. not necessary In the disposition Of
this motion 20 examine Of the questions which die
cused the appeal to the relative nights OF the parties to
the land lying between Tompkin'st and the upland Those
questions settled when the giants made by The
City and opted by the parties All Of the nnd under
water west q 1onrkinsst owned by tie plaintiff and
the sale by him 10 the defendants Of tie land
between Eighteenth and kineteenthst and Tompknsft
and Avenue B with the water rights attached thereto.
changed th. rights Of the plaintiff As uafsols ~ they
originally existed riparian owner aud gave the defendants
The right and title Ia the land under water ~ reclaimed from
VI nste within lLote boupdaie Tee pelu Wy DshI ila