Spencer v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimants, Mary E. Spencer and another, from a judgment of the Court of Claims in their favor, entered in the office of the clerk of said court on the 2d day of March, 1920."
1Opinion of the Court
Kruse, P. J.:. The question presented by this appeal is whether the State should pay substantial or only nominal damages, for appropriating an easement in a highway for a railroad used in connection with the construction of the barge canal at Sylvan Beach, a summer resort situate on the borders of Oneida lake. Claimants’ premises are situate upon both sides of the highway and they own the fee of the highway. The appropriation is not permanent, but temporary for a period of five years. Such temporary appropriation is permitted by the Canal Law (§ 84).
At the time of the appropriation the…
2Cases cited3 opinions
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- Spencer v. StateNew York Court of Claims · 1920
- South Buffalo Railway Co. v. KirkoverAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Spencer v. StateAppellate Division of the Supreme Court of the State of New York · 1923