Delaware & Hudson Canal Co. v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The President, Managers and Company of the Delaware and Hudson Canal Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 19th day of July, 1897, upon the decision of the court, rendered after a trial at the Erie Special Term, dismissing the plaintiff’s complaint upon the merits.
Read the full summary
Appeal by the plaintiff, The President, Managers and Company of the Delaware and Hudson Canal Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 19th day of July, 1897, upon the decision of the court, rendered after a trial at the Erie Special Term, dismissing the plaintiff’s complaint upon the merits. The action was commenced on the 2d day of December, 1895, to set aside and annul a local assessment levied by the defendant upon the property of the plaintiff, for dredging a section of the Buffalo river…
1Opinion of the Court
McLennan, J.:
The Buffalo river flows in a northwesterly direction in the city of Buffalo for a considerable distance, and empties into Lake Erie. In its natural state the river was tortuous, and varied greatly in width between its shore lines, Avhich were irregular. The natural channel of the river was also tortuous, and did not follow the center line of the stream. At the place Avhere the improvement in question was made, Avhen the river was in its natural condition, the water in the channel was shallow', being not more than seven or eight feet in depth, and the bottom Avas composed entirely…
2Cases cited5 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
- Litchfield v. . VernonNew York Court of Appeals · 1869
- Voght v. . City of BuffaloNew York Court of Appeals · 1892
- Hoffeld v. . City of BuffaloNew York Court of Appeals · 1892
3Cited by6 opinions
- Board of Education v. Village of AlexanderNew York Supreme Court · 1949
- Beck v. HollandMontana Supreme Court · 1903
- In re PhelpsAppellate Division of the Supreme Court of the State of New York · 1905
- In re Ransom, New York County Courts1914
- Rodojo, Inc. v. City of SchenectadyNew York Supreme Court · 1972
1 more not listed; retrieve them via the Exa API.