Whitehall Water Power Co. & Champlain Silk Mills v. Atlantic, Gulf & Pacific Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Atlantic, Gulf and Pacific Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Washington on the 5th day of May, 1913, upon the decision of the court after a trial at the Washington Trial Term.
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Appeal by the defendant, Atlantic, Gulf and Pacific Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Washington on the 5th day of May, 1913, upon the decision of the court after a trial at the Washington Trial Term. The judgment adjudges that the plaintiff Whitehall Water Power Company, Limited, is entitled to the ownership and occupation of the bed of Wood creek, and that it recover from the defendant the sum of $9,320 damages and that both plaintiffs recover the sum of $720.50 costs.
1Concurrence
Kellogg, J. (concurring in result):
I cannot agree that the plaintiff had no legal interest in the falls, the dam and water power. It is true that the words “ excepting the said Wood Creek which is reserved as a common highway for the benefit of the publick,” and the words “ Except Wood Creek as aforesaid, for a common and publick highway ” in the Artillery patent are an exception and not a reservation and that the title to the bed of the creek did not pass thereby. (Champlain Stone & Sand Co. v. State of New York, 142 App. Div. 94; affd., 205 N. Y. 539.)
In Johnson v. State of New York (151…
2Cases cited3 opinions
- Champlain Stone & Sand Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1911
- Champlain Stone and Sand Company v. . the St. of New YorkNew York Court of Appeals · 1912
- Johnson v. StateAppellate Division of the Supreme Court of the State of New York · 1912