Waller v. . State
New York Court of Appeals
Appeals from awards of the Board of Claims, made April 13,1894, which dismissed the claims and awarded the claimants above named nothing for damages alleged to have been sustained by them as riparian proprietors on the canal forming the outlet to Skaneateles lake by the stoppage by the state of the flow of water from the lake through the outlet, from February 1 to April 30, 1892. Prior to 1843 the state had been accustomed as occasion required to use the water in the…
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Appeals from awards of the Board of Claims, made April 13,1894, which dismissed the claims and awarded the claimants above named nothing for damages alleged to have been sustained by them as riparian proprietors on the canal forming the outlet to Skaneateles lake by the stoppage by the state of the flow of water from the lake through the outlet, from February 1 to April 30, 1892. Prior to 1843 the state had been accustomed as occasion required to use the water in the Skaneateles lake for the purpose of a feeder to the Jordan level of the Erie canal. At that time there existed a dam at the…
1Opinion of the CourtPeckham, J.
I think that the Board of Claims has erred in its award in this case. The facts set forth in the above statement seem to me to show beyond controversy that the state never intended to, and, in fact, never has appropriated and taken possession as owner of all the waters of Skaneateles lake, as against all the riparian owners, below the dam down to Seneca river. The state, prior to 1843, had been frequently guilty of acts of trespass as against the owners of the dam and the lands immediately surrounding it and the mills immediately below it. The state’s agents had, npon occasion, gone upon the…
2Cases cited1 opinion
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
3Cited by22 opinions
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Davis v. StateIdaho Supreme Court · 1917
- City of Syracuse v. StaceyAppellate Division of the Supreme Court of the State of New York · 1899
- City of Syracuse v. StaceyNew York Supreme Court · 1895
- Lakeside Paper Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1897
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