Appellate Division of the Supreme Court of the State of New York December 14, 1900 (Carvalho v. Brooklyn & Jamaica Bay Turnpike Co.)

GOODRICH, P. J.

The plaintiff brought this action to enjoin the construction of a turnpike road which the defendant purposed to build across Jamaica Bay from the dividing line of Kings- and. *861Queens counties to Rockaway Beach. He is the owner of property situate on the shore of the bay, and of adjacent land under water about four miles distant from the route of the turnpike.