Gray v. State

As this court has reached a conclusion in this case somewhat different from the arguments presented by counsel, painstaking as they were, a brief statement of the grounds for our conclusion seems advisable.

Nearly a century ago the state constructed and since that time has maintained a feeder connecting Tonawanda creek with Oak Orchard creek in the town of Alabama, Genesee county, N. Y., the purpose of which feeder was to augment the volume of water in the long, western level of the Erie canal. Incidentally, that construction has enriched the legal literature during the intervening period.…