Matter of Van Etten v. . City of New York
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the - third judicial department, entered September 19, 1918, which affirmed an order of Special Term .confirming the report of commissioners of appraisal. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtCollin, J.
This proceeding was instituted under chapter seven hundred and twenty-four of the Laws of 1905 and the amending act, chapter three hundred and fourteen of the Laws of 1906. A repetition of our former statements concerning the purposes and contents of the statute (Matter of Board of Water Supply, 211 N. Y. 174; People ex rel. Burhans v. City of New York, 198 N. Y. 439) is unnecessary.
On September 9, 1913, the closing of the dam impounding the waters of Esopus creek — a non-navigable, freshwater stream — stopped the flow of its waters below the dam entirely, except as the city of New York chose…
2Cases cited22 opinions
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- Sweet v. RechelSupreme Court of the United States · 1895
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Kaukauna Water Power Co. v. Green Bay & Mississippi Canal Co.Supreme Court of the United States · 1891
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3Cited by42 opinions
- Federal Power Commission v. Niagara Mohawk Power Corp.Supreme Court of the United States · 1954
- Matter of Board of Water Supply of New YorkNew York Court of Appeals · 1938
- Midgett v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1963
- Duenow v. LindemanSupreme Court of Minnesota · 1947
- Reife v. OsmersNew York Court of Appeals · 1929
37 more not listed; retrieve them via the Exa API.