Calking v. Baldwin
New York Supreme Court
Demurrer to pleas. The declaration is in case for flowing the lands of the plaintiffs by means of the erection of a dam in the Seneca river.
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Demurrer to pleas. The declaration is in case for flowing the lands of the plaintiffs by means of the erection of a dam in the Seneca river. The defendant pleaded that the Seneca river was a public highway used for the navigation of boats,' rafts., &c. and that by an act of the legislature, entitled, “ An act to authorize Jonas C. Baldwin to erect a dam across the Seneca river,” passed February 24th, 1809, it was enacted that it should and might be lawful for Jonas C. Baldwin, his heirs or assigns, to erect and maintain a dam across the Seneca river at the head of the rapids commonly called…
1Opinion of the Court
By the Court,
Marcy, J.
To determine the principles of law applicable to this case, we must first ascertain the character of the act of the legislature under which the defendant justifies. The demurrer admits the injury complained of, and there is no dispute about the right to compensation. If this be a private act as contradistinguished from a public act, the law which was applied to the case of Crittenden v. Wilson, (5 Cowen, 167.) must govern. The plaintiffs are not in such a case confined to the remedy given by the act, but may proceed by action according to the common law. But if the work…
2Cited by36 opinions
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- Brown v. BeattyMississippi Supreme Court · 1857
- Harris v. ThompsonNew York Supreme Court · 1850
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