People's Gas & Electric Co. v. State
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the claimant, People’s Gas and Electric Company of Oswego, and by the defendant, The State of New York, from an order and determination of the Court of Claims in favor of the claimant, entered in the office of the clerk of said court on the 28th day of December, 1918. The claimant appeals from so much of the judgment as limits its recovery to a period ending May 25, 1913. The defendant appeals from the whole of said judgment.
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Cross-appeals by the claimant, People’s Gas and Electric Company of Oswego, and by the defendant, The State of New York, from an order and determination of the Court of Claims in favor of the claimant, entered in the office of the clerk of said court on the 28th day of December, 1918. The claimant appeals from so much of the judgment as limits its recovery to a period ending May 25, 1913. The defendant appeals from the whole of said judgment. This appeal was transferred from the Third Department to the Fourth Department.
1Opinion of the Court
Hubbs, J.:
The claimant’s electric light plant was situated on the west side of the Oswego canal, at Oswego, N. Y. It was operated by water power, the water being secured from the hydraulic canal, owned by the Oswego Canal Company, which runs parallel with the Oswego canal and to the east thereof. A sunken conduit extending under the Oswego canal conducted the water from the hydraulic canal on the east to a forebay on the west and between the Oswego canal and the claimant’s plant.
The contractor for that section of the Barge canal, while working at that point, with the consent of the State…
2Cases cited6 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Allen v. . McConiheNew York Court of Appeals · 1891
- Cumberland Grocery Co. v. Baugh's Admr.Court of Appeals of Kentucky · 1913
- People's Gas & Electric Co. v. StateNew York Court of Claims · 1918
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3Cited by16 opinions
- Jenkins v. EtlingerNew York Court of Appeals · 1982
- Wilmot v. State of New YorkNew York Court of Appeals · 1973
- Haughey v. Belmont Quadrangle Drilling Corp.New York Court of Appeals · 1940
- Carrols Equities Corp. v. VillnaveAppellate Division of the Supreme Court of the State of New York · 1977
- Integrative Nutrition, Inc. v. Academy of Healing NutritionDistrict Court, S.D. New York · 2007
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