3 Keyes 444 | NY | 1867
The statute under which the action was brought is free from constitutional objection. (Darlington v. Mayor of New York, 31 N. Y. 164.) The pier injured by the rioters was within the limits of the city of Brooklyn. It has been repeatedly adjudged that the boundary of territorial jurisdiction between the counties of ¡New York and Kings is the actual line of low water on the Brooklyn side; whether corresponding with the original low water line on the East river shore, or varied by the permanent encroachment of docks, piers and wharves, or other artificial erections fol* the purposes of general commerce. (Stryker v. Mayor of New York, 19 Johns. 179; In the Matter of Furman Street, 17 Wend. 649, 660; Luke v. City of Brooklyn, 43 Barb. 54; S. C., affirmed in Court of Appeals, June Term, 1865.) The motion to dismiss the complaint was, therefore, properly denied. A cause of action was established by the proof, and a nonsuit would have been plainly erroneous.
The court properly refused to charge that the pier had been dedicated by the plaintiffs to the use of the public. Such an instruction would have been wholly unwarranted by the evidence.
The judgment should be affirmed with costs.
All the judges concurring,
Judgment accordingly.