People v. . Fisher
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 21, 1907, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The overflow provided for by the act of 1830 gave the state only a permanent easement.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 21, 1907, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The overflow provided for by the act of 1830 gave the state only a permanent easement. (105 N. Y. 246; 68 N. Y. 591.) The state, by the legislature, can declare what interest is necessary for the public use, whether a fee or an casement. In the absence of such a declaration, only such interest is…
1Opinion of the CourtChase, J.
The defendant Fisher at all the times hereinafter mentioned was the owner of 9,500 acres of forest land in the county of Herkimer, except the lands taken therefrom by the state of Hew York as hereinafter mentioned.
Prior to 1881 the natural supply of water in the Black river had been materially reduced by its being diverted to the uses of the Black river canal.
By chapter 336 of the Laws of 1881 $6,000 was appropriated “To construct reservoirs upon the Independence and Beaver rivers, in Lewis county, for the purpose of restoring to Black river its natural supply of water.” The superintendent of…
2Cases cited2 opinions
- Hayden v. . StateNew York Court of Appeals · 1892
- Heacock Berry v. . State of New YorkNew York Court of Appeals · 1887
3Cited by25 opinions
- Cuglar v. Power AuthorityNew York Supreme Court · 1957
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- People Ex Rel. N.Y.C., Etc., R.R. Co. v. . WalshNew York Court of Appeals · 1914
- Town of Coxsackie v. DernierAppellate Division of the Supreme Court of the State of New York · 1984
- Hudson Manhattan R.R. Co. v. . WendelNew York Court of Appeals · 1908
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