Cox v. City of New York

These proceedings are taken under the provisions of a law (Laws of 1898, chap. 469) passed at the last session of the legislature “ to protect navigation in certain tide-waters within the state of New York.” The act in effect imposes a new obligation on all cities and villages, which, in obtaining their water supply, divert the water of freshwater streams flowing into any tide-water creek or estuary, which before was navigable for vessels of twenty or more tons burthen. As applied to the city of New York, the duty which the act imposes is to so dredge or deepen, to the depth of three feet,…