Fairchild v. Union Ferry Co. — 240 N.Y. 666

Majority

p. 666

Julian P. Fairchild et al., as Receivers of Atlantic Dock Company, Appellants, v. Union Ferry Company of New York and Brooklyn, Respondent.

(Argued May 13, 1925;

decided June 2, 1925.)

Headnote

Wharves and piers — riparian rights — action to enjoin maintenance of ferry rack, bridges and structures alongside pier owned by plaintiffs.

Fairchild v. Union Ferry Co. of N. Y. & Brooklyn, 212 App. Div. 823 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 14, 1925, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The action was brought to enjoin the defendant from maintaining a ferry rack, ferry bridges and other ferry structures alongside and in front of a bulkhead and pier owned by the plaintiffs at and near the foot of Hamilton avenue in the borough .of Brooklyn and for the recovery of damages for maintenance of the structures complained of from 1916 to commencement of the action. • Plaintiffs’ claim was based upon the contention that the defendant had no right to maintain its rack in such close proximity to the side of the dock company’s pier as to prevent the latter from using that side of the pier for the mooring of vessels or for any commercial purpose.

Francis L. Durk for appellants.

George P. Hotaling for respondent.

p. 667

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.