People v. Page
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward ¡N". Page, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 4th day of February,. 1898, upon the decision of the court rendered after a trial at the Albany Trial Term (certain specific questions having been submitted to the jury) enjoining the defendant from proceeding with the construction of a dam in the most southerly channel or sprout of the Mohawk river,…
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Appeal by the defendant, Edward ¡N". Page, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 4th day of February,. 1898, upon the decision of the court rendered after a trial at the Albany Trial Term (certain specific questions having been submitted to the jury) enjoining the defendant from proceeding with the construction of a dam in the most southerly channel or sprout of the Mohawk river, below the State dam, and between the mainland and the island commonly known as Iiemstreet’s, or Simmons’ or Page’s-island,…
1Opinion of the Court
Merwin, J.:
The defendant claims title to the bed of the stream across which he has built his dam. His appropriation is permanent and for his individual benefit solely. He owns the adjacent lands. The stream is the southwestern or outermost branch of the mouth of the Mohawk. There are several branches or sprouts through which the Mohawk finds its way to the Hudson, and it may be inferred from the evidence that, at the time of the original grant to Van Rensselaer in 1685, the southwest branch was one of the main branches, if not the main branch of the river at that locality, and that there-was…
2Cases cited16 opinions
- The MontelloSupreme Court of the United States · 1874
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Morgan v. . KingNew York Court of Appeals · 1866
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
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3Cited by14 opinions
- Danes v. . State of New YorkNew York Court of Appeals · 1916
- In re the City of New YorkNew York Supreme Court · 1936
- West Virginia Pulp & Paper Co. v. PeckAppellate Division of the Supreme Court of the State of New York · 1919
- Slingerland v. International Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Fulton Light, Heat & Power Co. v. StateNew York Court of Claims · 1909
9 more not listed; retrieve them via the Exa API.