Legal Opinion

Waterford Electric Light, Heat & Power Co. v. State

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 1924Published

Cross-appeals by the claimant, Waterford Electric Light, Heat and Power Company, and by the defendant, The State of New York, from a judgment of the Court of Claims, entered in the office of the clerk of said court on the 20th day of February, 1922, awarding compensation to the claimant for lands upon the Hudson river and riparian rights therein appropriated by the State for Barge canal purposes. The opinion of the Court of Claims is reported in Waterford El.

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Cross-appeals by the claimant, Waterford Electric Light, Heat and Power Company, and by the defendant, The State of New York, from a judgment of the Court of Claims, entered in the office of the clerk of said court on the 20th day of February, 1922, awarding compensation to the claimant for lands upon the Hudson river and riparian rights therein appropriated by the State for Barge canal purposes. The opinion of the Court of Claims is reported in Waterford El. L., H. & P. Co. v. State of New York (117 Misc. Rep. 480).

1Dissent

Van Kirk, J. (dissenting):

The claimant, the Waterford Electric Light, Heat and Power Company, purchased and became the owner of the uplands, or the flowage rights upon the uplands, adjoining the Hudson river on either side for a distance of about two miles, which uplands, including those on which it had flowage rights, would be submerged by a dam which it purposed to construct across the Hudson river a short distance above Waterford and at the lower end of its riparian rights. After it had procured a part of these uplands and flowage rights, it procured from the Legislature the enactment of…

Also in this document: Concurrence.

2Cases cited14 opinions

  1. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  2. Stone v. MississippiSupreme Court of the United States · 1880
  3. Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
  4. New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
  5. Sage v. Mayor of New YorkNew York Court of Appeals · 1897

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