Hard v. Blue Points Co.

<p>Waters and watercourses—riparian rights — obstruction of access to waters of Great South bay — injunction —special damage.</p> <p>The owner of lands abutting on a public street in the village of West Say-ville, which street leads to the waters of Great South bay, is entitled to a right of ingress and egress from and to the waters of the bay where they meet the highway at high-water mark. Hence, as a riparian owner she is entitled to an injunction requiring an oyster company, which has acquired the ownership of lands under said waters, to remove structures erected upon piles which obstruct the exercise of said riparian rights.</p> <p>Such riparian owner, who has also title to the middle of said street and extending to high-water mark, suffers special injury different from that of the general public which entitles her to an injunction.</p> <p>The requirement to show special injury in such case does not call for the proof of such exact amounts as might be necessary to a recovery in an action for damages.</p> <p>A mandatory injunction to compel the removal of such obstruction will issue even though the defendant has invested large capital in its enterprise and will suffer loss.</p> <p>Appeal by the defendant, the Blue Points Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 25th day of March, 1915, upon the decision of the court after a trial at the Kings County Special Term.</p> <p>The judgment awarded plaintiff a mandatory injunction commanding defendant to remove its oyster plant from the foot of a highway known as West street, at West Sayville, in the town of Islip, L. I.</p>