In re Thompson
New York Supreme Court
Appeal from special term, Westchester county. Application by Hubert O. Thompson, commissioner of public works of the city of New York, to acquire certain water rights in the towns of Mt. Pleasant, North Castle, Greenburgh, and White Plains, in the county of Westchester, under Laws 1877, c. 445, and the several laws amendatory thereof. From an order affirming the awards made by the commissioners, various landowners appeal. Affirmed.
1Opinion of the CourtDykman, J.
This is an appeal from an order confirming the report of commissioners of appraisal. The proceeding was instituted by the commissioner of public works, and the claims for damages are based upon the diminution of the water flowing through the Bronx river by reason of the construction of the dam at ICensico. There is no claim in this proceeding for property taken or appropriated. The Kensico dam was constructed across a gorge through which the river Bronx flowed. The stream was small at that point in the dry season, and it appears from the evidence in this case that when the dam was in course…
2Cited by3 opinions
- In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1909
- City of Syracuse v. StaceyAppellate Division of the Supreme Court of the State of New York · 1899
- In re Board of Supervisors of Sullivan County, New York County Courts1933