New York Court of Appeals

Sarah H. Barnes, Appellants v. the Midland Railroad Terminal Company, Respondent

November 10, 1908193 N.Y. 378

Summary

The Court of Appeals reversed the Appellate Division, holding that the public has a right to pass over the foreshore between high and low water marks at the defendant's resort and that the plaintiffs, as members of the public, have shown a special injury entitling them to an injunction against the defendant's obstructive structures.