Whitehead v. Jessup
| Decision Date | 13 January 1893 |
| Citation | 53 F. 707 |
| Parties | WHITEHEAD v. JESSUP. [1] |
| Court | U.S. District Court — Eastern District of New York |
Martin & Smith, (Aaron P. Whitehead, of counsel,) for complainant.
Strong & Spear, for defendant.
This is an action brought by Aaron P. Whitehead, the owner of certain lands lying upon and adjacent to the waters called 'Quantuc Bay,' to compel the removal of a bridge erected by the defendant in 1889, at Potunk point, Long island. Quantuc bay is in fact a part of the East bay, which is a part of the Great South bay. The Great South bay is a body of water from 40 to 50 miles in length, varying in width from a few hundred yards to several miles, and separated from the Atlantic ocean by a long beach of sand. Access to it from the ocean is obtained by Fire Island inlet. The tide ebbs and flows through these waters. That portion of this water called 'Quantuc Bay' is accessible from the waters of the East bay by a narrow channel, which has been navigated for a long time,-- probably since the original settlement of this part of the country. The water of Quantuc bay has been used for the purpose of commerce during at least 50 years. Boats from 20 to 30 feet keel, and 8 to 12 tons capacity, are used upon this water. It is also used by those sailing for pleasure. In that bay there is a wharf, not owned by the complainant, where freight transported from other states by way of the ocean through Fire Island inlet and the water of the Great South bay has been landed for years. The bridge which is complained of extends from the main land to the beach of the Atlantic ocean, at a place called 'Potunk Point,' spanning the narrow channel leading from the waters of Quantuc bay to the waters of the East bay. The bridge spans some 362 feet of water. This water, for 145 feet, is 4 feet in depth, and for 167 feet is 3 feet in depth, at ordinary tide, and is navigable. The bridge contains a draw 20 feet wide, but no one is kept in charge of the draw, and vessels desiring to sail through the channel at this point are stopped by the bridge, unless they happen to find the draw open, or open it for themselves. The draw is narrow, and passing through the draw when open is at times attended with danger. The bridge is not a continuation of any highway, and the public have no right of access to it. It was erected by the defendant, who owns the land on both sides of the channel spanned by the bridge. The testimony taken seems to me to warrant these conclusions: That the bridge complained of is erected over navigable waters of the United States; that it obstructs the navigation of those waters that it was erected without authority of the United States or of the legislature of the state of New York;...
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Becker v. Litty
...it is opposite his door, yet the right to pass along the way is one which he shares in common with the general public." Whitehead v. Jessup, 53 F. 707, 709 (E.D.N.Y.1893) (quoting J. Gould, Waters 247-248 (2d ed. Other courts have reached similar results. See, e.g., Miller v. Mayor of New Y......
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...of authority in this country. (Gilman v. Philadelphia, 3 Wall. [U. S.] 713; Miller v. Mayor of City of New York, 109 U. S. 385; Whitehead v. Jessup, 53 F. 707; O'Brien v. Norwich & Worcester R. R. Co., 17 Conn. 372; Clark v. Town of Saybrook, 21 Conn. 313; Richards v. New York, N. H. & H. R......
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In re Construction of Bridge
...his title: Gibson v. U.S., 166 U.S. 269. The damage alleged here is not such a special damage as will sustain an action: Whitehead v. Jessup, 53 F. 707; Blackwell v. Old Colony R.R. Co., 122 Mass. Thayer v. New Bedford R.R. Co., 125 Mass. 253; Lansing v. Smith, 8 Cowen, 146; Seely v. Bishop......
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Carver v. San Pedro, L.A. & S.L.R. Co.
... ... the point now under consideration. Willamette Iron Bridge ... Co. v. Hatch, 125 U.S. 2, 8 Sup.Ct. 811, 31 L.Ed. 629 ... Whitehead ... v. Jessup (C.C.) 53 F. 707, relied on by defendant, it ... must be conceded, is not in line with the cases above cited, ... but supports ... ...