Legal Opinion · Dissent

Delaware & Hudson Co v. State

New York Court of Claims

Decided January 15, 1919Published

Claim to recover the cost paid by the Delaware and Hudson Company for reconstruction of its bridges crossing the Mohawk river at Waterford, No. 14,398, and Schenectady, No. 14,400.

1Dissent

Ackerson, P. J. (dissenting).*

The claim is similar in character to the claim of the same claimant, No. 14400, and is for the recovery of the amount expended by claimant in connection with the work of constructing a new bridge over the canalized Mohawk river within the village of Waterford.

The majority of the members of the court sitting in this case have awarded judgment in favor of the claimant for the sum of $121,557.91 with interest as in the findings directed.

Among the items going to make up the amount for which judgment has been awarded are payments made by the claimant company to…

2Cases cited5 opinions

  1. Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
  2. Markey v. . County of QueensNew York Court of Appeals · 1898
  3. Rigney v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1916
  4. Warner v. StateAppellate Division of the Supreme Court of the State of New York · 1909
  5. Warner v. . the State of New YorkNew York Court of Appeals · 1912

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