First Construction Co. v. . State of New York
New York Court of Appeals
Cross-appeals from a judgment of the. Appellate Division of the Supreme Court in the third judicial department, entered February 2, 1916, unanimously affirming an award of the Board of Claims. Because of the retirement before decision of two members of the court who heard the original argument, a re-argument of the appeal was had. The facts, so far as material, are stated in the opinion.
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Cross-appeals from a judgment of the. Appellate Division of the Supreme Court in the third judicial department, entered February 2, 1916, unanimously affirming an award of the Board of Claims. Because of the retirement before decision of two members of the court who heard the original argument, a re-argument of the appeal was had. The facts, so far as material, are stated in the opinion. The several acts under which the claimants assert title do not grant or confer any ownership or interest in the lands under water appropriated, but were enacted only as the exercise of the state’s control of…
1DissentCrane, J.
There are three reasons why the award made to the claimant herein should be susstained and the judgment of the Appellate Division affirmed.
First. By various acts of the legislature, William Beard and others, upland owners at G-owanus bay, were given the right to fill in the lands under water in front of their premises up to certain defined lines. The act of 1866 (Chap. 856) established the Brooklyn basin and gave to Beard the right “to build, construct and maintain a bulkhead with solid filling on the line established by the legislature of this State by chapter seven hundred and sixty-three,…
2Cases cited22 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
- Lehigh Valley R.R. Co. v. . Canal BoardNew York Court of Appeals · 1912
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