Claim of E. I. duPont deNemours Powder Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the City of New York from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of said county on the 19th day of February, 1918, confirming the majority report and award to the E. I. duPont deNemours Powder Company, made by Business Damage Commission No. 3. Appeal by the claimant, E. I. duPont deNemours Powder Company, from so much of said order as denies the claimant’s motion for an allowance for counsel fees and…
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Appeal by the City of New York from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of said county on the 19th day of February, 1918, confirming the majority report and award to the E. I. duPont deNemours Powder Company, made by Business Damage Commission No. 3. Appeal by the claimant, E. I. duPont deNemours Powder Company, from so much of said order as denies the claimant’s motion for an allowance for counsel fees and for expenses of witnesses and interest upon the award.
1Opinion of the Court
H. T. Kellogg, J.:
An award has been made against the city of New York for damages done to the claimant as the owner of a water power on the Esopus creek below the Ashokan reservoir, by the closing of its gates in September, 1913. The claimant owned land on both sides of the stream together with a pulp mill and several buildings. Power was supplied to the mill by means of a masonry dam, built ten feet high on a ledge of rocks having a natural fall of eighteen feet, thus affording a head of twenty-eight feet. The mill was equipped with thirteen water wheels capable of developing 1,600 horse…
2Cited by2 opinions
- Claim of E. I. duPont deNemours Powder Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920
- Claim of E. I. du Pont de Nemours Powder Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920