Appellate Division of the Supreme Court of the State of New York January 10, 1902 (Johnson v. Yellow Pine Co.)

INGRAHAM, J.

The defendant occupies a strip of land abutting on the Harlem river between 125th and 126th streets, in the city of New York, and a pier or dock extending into the river, the-upland being used for the storage of lumber. There was a fence-between the upland and the river, and the shore outside of this fence would seem to have been covered with water at high tide, but bare at low tide.