Daly v. State

The premises of the claimants are in Kingsbury, Washington county, N. Y., and border on the east bank of Wood creek.

*254The source of Wood creek is in the town of Argyle, Washington county, N. Y., about three miles southerly of claimants’ premises, and the creek in its natural course flowed northerly through the towns of Kingsbury, Fort Ann and Whitehall, where it discharged into Lake Champlain.

In 1908 the State constructed the Champlain branch of the Barge canal through Wood creek valley and by such construction and subsequent maintenance made radical changes in Wood creek.

The State, under…