This is a cause in which the right of fishery will come in question. Where the counties are so small as these mentioned, an impartial trial cannot be had, on a claim of a general nature. New-York is as near as any other, and where a right of fishery, or any similar claim is to be litigated, it is, in my *458opinion, sufficient to take the matter from a Long-Island j ury. The expense is at the door of the party who applies, and the contribution to support the suit, shows strongly the disposition Of the county.
1 Cole. & Cai. Cas. 457
Samuel Stryker v. Thomas Turnbull, Robert Denton and Bernardus Voorhees.
HARISON, on behalf of the defendants, moved, for a foreign and struck jury, to be taken from the city and county of New- York, on an affidavit, stating that the suit was prosecuted at the joint expense of the inhabitants of the town of Gravesend in King’s county, who had combined for the maintenance of a supposed right, claimed by them as inhabitants of the said town, of erecting huts for the purpose of fishing, upon the lands of the defendants ; of taking and heaping up sea-weed, and carrying it away at their pleasure, and that other claims and disputes, in some respects of a similar nature, exist in the neighbouring county of Richmond.
Baldwin, contra.
The same principle would warrant the application in most insurance causes. Those interested in a point, contribute their quotas towards the defence. No more is done here. But why not take the jury from Queen’s or any other county on Long-Island ?
Stryker v. Turnbull
1 Cole. & Cai. Cas. 457
Case Details
1 Cole. & Cai. Cas. 457
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