Legal Opinion

Town of Hempstead v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1900PublishedCited by 5 opinions

Appeal by the defendant, The City of New York, from a judgment of ■ the Supreme Court in favor of the plaintiff for $5,900, for penalties, entered in the office of the clerk of the county of Queens on the 6th day of December, 1899, upon the report of a referee, and ■ also from an order made at the Kings County Special Term, bearing date the'9th day of November, 1899, and entered in the office of the clerk of the county of Queens, confirming said report and granting an extra…

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Appeal by the defendant, The City of New York, from a judgment of ■ the Supreme Court in favor of the plaintiff for $5,900, for penalties, entered in the office of the clerk of the county of Queens on the 6th day of December, 1899, upon the report of a referee, and ■ also from an order made at the Kings County Special Term, bearing date the'9th day of November, 1899, and entered in the office of the clerk of the county of Queens, confirming said report and granting an extra allowance of five per cent to the plaintiff.

1Opinion of the Court

Goodrich, P. J.:

An act became a law on April 22,1898 (Chap. 469), entitled “ An act to protect navigation in certain tidewaters within ■ the state of Hew York,” the 1st section of which reads as follows :

“ Section 1. Whenever a municipal corporation shall divert, or cause to be diverted, the water, or a portion thereof, of a fresh water stream or streams outside the limits of an incorporated city flowing into a tidewater creek or estuary, which tidewater creek or estuary before such diversion was navigable for vessels of twenty or more tons burthen, it shall be the duty of the corporation so…

2Cases cited5 opinions

  1. People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
  2. Shreveport v. ColeSupreme Court of the United States · 1889
  3. Smith v. . City of BrooklynNew York Court of Appeals · 1899
  4. Smith v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
  5. People ex rel. Earl v. EnglandAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by5 opinions

  1. Glennie v. Falls Equipment Co.Appellate Division of the Supreme Court of the State of New York · 1933
  2. In re AndersenAppellate Division of the Supreme Court of the State of New York · 1904
  3. In re 30 Wythe Avenue Realty Corp.New York Supreme Court · 1945
  4. Town of Hempstead v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
  5. People v. BurkeAppellate Division of the Supreme Court of the State of New York · 2023

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