Wright v. . Shanahan
New York Court of Appeals
Appeal from judgment of the . General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 2, 1894, affirming a judgment enjoining and restraining the defendant, as superintendent of public works, his agents and all persons, from placing, or causing or suffering to be placed, or to remain on dam Ho. 1, across the outlet of Owasco lake, flush boards or other obstructions to the free flow of the waters of the lake over the dam to…
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Appeal from judgment of the . General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 2, 1894, affirming a judgment enjoining and restraining the defendant, as superintendent of public works, his agents and all persons, from placing, or causing or suffering to be placed, or to remain on dam Ho. 1, across the outlet of Owasco lake, flush boards or other obstructions to the free flow of the waters of the lake over the dam to exceed one and one-half feet in width at any time or season of the year when the waters of the outlet shall rise to exceed…
1Opinion of the CourtBartlett, J.
The Owasco lake lies three miles south of the city of Auburn, in the county of Cayuga, and is a feeder of the Erie canal. The lake is eleven miles long and the plaintiff for many years has been the owner and in possession of lands, partly cleared and partly woodland, located on an inlet at the south end of the lake, the cleared land being productive and valuable for agricultural purposes.
The Erie canal lies ten miles north of the lake and its level is three hundred feet below it. About one and. a half miles north of the lake and upon its outlet the state has maintained for many years a dam…
2Cases cited7 opinions
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Hover v. BarkhoofCommission of Appeals · 1870
- St. Peter v. . DenisonNew York Court of Appeals · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rhynders v. GreeneAppellate Division of the Supreme Court of the State of New York · 1938
- People ex rel. Lamar Publishing Co. v. HoagSupreme Court of Colorado · 1913
- Badger v. CellerAppellate Division of the Supreme Court of the State of New York · 1899
- Columbia Machine Works, Inc. v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1944
- Erie R.R. Co. v. SellsNew York Court of Appeals · 1948
2 more not listed; retrieve them via the Exa API.