Ten Broeck v. . Sherrill
New York Court of Appeals
Appeal from judgment of the General Term of the supreme Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. This action was brought to recover for the alleged taking from lands belonging to plaintiffs, near Cohoes and adjoining she Champlain canal, of a quantity of gravel. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the supreme Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. This action was brought to recover for the alleged taking from lands belonging to plaintiffs, near Cohoes and adjoining she Champlain canal, of a quantity of gravel. The facts appear sufficiently in the opinion. The Canal Commissioners were authorized to enter upon and use the plaintiffs’ lands, and the statute under which they acted amply provides for the payment of damages to the owners. (1…
1Per curiam
The plaintiffs recovered for a quantity of gravel taken from their land by the defendants in 1870 and 1871, and the question litigated was whether the land from •which the gravel was taken had been appropriated by the State.
The defendants in 1868, contracted with the State to build a new dam across the Mohawk at Cohoes, a short distance below the old dam. The engineer testified that in that year by direction of the Canal Commissioner, he laid out one acre of land for the use of the State, and made and filed a map designating the same, and it appears that the gravel in question was taken from…
2Cases cited1 opinion
- Lyon v. JeromeNew York Supreme Court · 1836
3Cited by6 opinions
- Wisconsin River Improvement Co. v. PierWisconsin Supreme Court · 1908
- Detroit & Toledo Shore Line Railroad v. CampbellMichigan Supreme Court · 1905
- State v. Mayor of NewarkSupreme Court of New Jersey · 1891
- N. Ward Co. v. Street CommissionersMassachusetts Supreme Judicial Court · 1914
- New York Central & Hudson River Railroad v. StateAppellate Division of the Supreme Court of the State of New York · 1899
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