SOUND MARINE & MACHINE CORP. v. WESTCHESTER COUNTY

No. 50.

100 F.2d 360 (1938)

SOUND MARINE & MACHINE CORPORATION v. WESTCHESTER COUNTY.

Circuit Court of Appeals, Second Circuit.

December 5, 1938.


Attorney(s) appearing for the Case

James H. Hickey, of New York City, for appellant.

William A. Davidson, Co. Atty., of White Plains, N. Y. (Frank J. Claydon, of White Plains, N. Y., of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


MANTON, Circuit Judge.

Appellant owns riparian property at Mamaroneck abutting the waters of Mamaroneck Harbor. In 1929, appellee laid a sewer pipe in the harbor across the channel in front of the premises in a way to diminish the depth of the channel from 10' mean low water to approximately 6.8' mean low water, and it is said that the depth of the water was less at extreme low tide.

Appellant uses its premises for boat building, repairing and storing yachts...

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