The New York herald., 1877-02-09
WATER FRONT DAMAGES.

Mr.. DURYEA'S sAwKwARD DILEMMA AND THE
WAY OUT OF Ir-How OLIVER CHARLIcK
BUILT SEWER ExrENsIoN--MuRRAY HILL
WITHOUT SEWAGE OUTLET.
Mr.. Joseph W. Duryea has had a remarkable ex
pericnce In the OF the ownership OF lots
in New York. some years sgo>he bought block or
two Of land the East River, north OF Thirty fourth
street, and began All itin Tho work had not Como
far before u found that the sewage from Murray
Hin had no OF outlet because Of the distractions
occasoned by the filing process 10 which Mr.. Dur
yea had resortcd and he according gy directed by
the Commissioner OF Public Works 10 stop tho i'm
provcment OF his property. This he did, but while
he was threatened with by the Department Of
Public Works II he resumed II the Board OF Health
was also threatening him II he didn't In this dilemma
the happy idea struck him Of suing the city for $50 600
damages Tor being deprived Of the beneficial OF his
land and he has scarcely been happier In the
than he was as shuttlecock between two honorable
boaris. The has already been once IN tho Court
of Appeals and has come back for trial. II was the
calendar IN the Supreme Court yesterday but went
over tor few days, and II will not DO disposed Of
probably until next week.
Mr. Duryea's troubles had their origin In the some
what extraordinary terry operations of the late Oliver
Charlck. Previous to the year 1865 the ferry at tho
foot OF Thiryfou street located about 100 feet
of First avenue Al that point large outlet sewer
from Murray ill discharged itself into the The
Fnrmers' Loan ana Trust Company, or rather Mr..
George T. TalIman The Vice President OF the company
owned several blocks OF land IN the vicinity west OF
First and several blocks under waicr east OF the
avenue. II was part Of this water front which was
subsequently sold 10 Mr.. Duryca. In The winter OF
1854 the Jerry company or Mr. Oliver Charick, which
was the same thing who owned the adjoining property
In Thirty-fourth street, determined TO extend the slip
OF tho ferry about 300 feet iurther east. The
accordance with Mr. CharlIcks desires, and he carried
the outlet sewer through tho new made ground to
lis eastern extremity by means OF wooden box ex,
In consequence the extension soon became obstruced
with earth The sewage was sent back and Hooded the
cellars OF residents along the line OF the sewer, who
complained loudly OF the injury and annoyance thus
occasioned. 1t was necessary 10 do something to re-
leye them, and a license obtained from Mr. Tall
man. as is claimed by the city, allowing the city au
thortes construct what Is known as ''side cut'
from the old mouth OF the sewer through tho mndo
ground to the watcr The new mouth was thus placed
the land under water belonging TO tho Farmers
Loan and trust Company, aud this was the land which
MIR. Duryea bought for the purpose OF filing In and
When The case trial 1t Is asserted that some
very surprising facts Will be developed These iacts
apparently have relation 10 some understanding be-
tween the ferry company and the Loan and Trust Com
pnny oy wnioa .ne M % % r, su. %o 20
the matter 10 evident that the city authorities were
exceedingly remiss in making side cut OF this char
acter instead OF compelling the Terry company 10
make such extension as would have prevented the
choking OF the Thirty y-fourth street. The de-
fence upon which tho city relies consists OF three
Firsf-That us the city, when II built the side cut
perm OF the OF the land to do so, II Is
not responsible for any damages when may have re-
suited theretrom to any subsequent purchaser.
.Second-That the land owned by plaintiff was bur-
dened by certain covenants imposed upon II when IL
was first conveyed by The city 10 the Farmers Loan
Trust Company to the effect that tho owner should
not build bckheads wharvcs nor al in the street
without first obtaining permit from the city. This
1t averred the plaintiff did not obtain before he COM
menced 1lllng
Third-Tliat whoever undertakes TO Gil in land in
front OF outlet sewer must continue the sewer
through bis land and If he tails to do the resulting
damage arises from his own neglect.
r. j. Fithian and A. j. Vanderpoel appear for the
plaintiff. A. j. Rcquier aud t. II. Lacombe for the
defence.