What is the test for damages for loss of right of access to and from the navigable part of the Hudson River?

With respect to any damage sustained to the plaintiff's right of access to and from the navigable part of the river, the evidence fails to disclose its amount. We may assume that his right in that respect was impaired; but the evidence of the particular damage suffered was not separated nor separable from that relating to the loss of fishery and ice rights. Plaintiff proved no actual damages suffered by being deprived of his right of access, and, in the absence of any evidence as to the amount of his loss, it was impossible to assess it. The trial court, in instructing the jury to return a verdict for nominal damages, committed no error. Prospective damages, or those which, in a different situation as to improvements, might have been suffered as the result of the defendant's acts, were not recoverable. Rumsey v. Railroad Co., 133 N.Y. 79, 30 N.E. 654, 15 L.R.A. 618, 28 Am.St.Rep. 600.

The judgment should be affirmed, with costs.

Judgment affirmed.