Whitney v. . the State of New York
New York Court of Appeals
, '■ ¿Appeal from order of the Board of Claims, made September 1883, dismissing a claim against the State presented to it by the appellants, upon the ground that the facts alleged do not constitute a valid claim. The facts alleged are set forth substantially in the opinion. The State did not take a fee in the land. (Mills on Eminent Domain, §§ 50,149,150, 151; Heyward v. Mayor, etc., 7 N. Y. 325 ;■ Brooldyn Parle Gomrnlrs v. Armstrong, 45 id. 241; Wash.
Read the full summary
, '■ ¿Appeal from order of the Board of Claims, made September 1883, dismissing a claim against the State presented to it by the appellants, upon the ground that the facts alleged do not constitute a valid claim. The facts alleged are set forth substantially in the opinion. The State did not take a fee in the land. (Mills on Eminent Domain, §§ 50,149,150, 151; Heyward v. Mayor, etc., 7 N. Y. 325 ;■ Brooldyn Parle Gomrnlrs v. Armstrong, 45 id. 241; Wash. Gom. v. P. P., ete., Go., 68 id. 597; Story v. H. Y. El. R. R. Go.,. 90 id. 172, 176; In re P. P. <& G. 1. R. R. Go., 36 Hun, 261.) Even if…
1Opinion of the Court
¡Miller, J.
The appellants presented to the Court of Claims a demand for damages which rests upon the ground that as assignees or heirs at law they are the owners in fee and hold title to a piece or parcel of land situate in the city of Binghamton, which was formerly taken by the State upon appraisal duly made for the purpose of constituting a portion of the Chenango canal.
It appears that on the 1st day of July, 1839, the land in question, containing forty-two one-hundredths of an acre, was owned by Lewis Squires and Joseph B. Abbott in connection with other lands upon which there had been a…
2Cases cited1 opinion
- People v. GuerraNew York Court of Appeals · 1985
3Cited by9 opinions
- Reichelderfer v. QuinnSupreme Court of the United States · 1932
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- Louisville, New Albany & Chicago Railway Co. v. SnyderIndiana Supreme Court · 1889
- Brainerd v. StateNew York Court of Claims · 1911
- City of Schenectady v. StateNew York Court of Claims · 1957
4 more not listed; retrieve them via the Exa API.