Daly v. State

Between Dunham’s and Smith’s Basins along the Champlain canal, Haskin’s brook enters the prism of the canal from the west. Prior to the building of the canal Haskin’s brook flowed at some point into Wood creek. The canal in the neighborhood of claimants’ leasehold was built 100 years ago and during all that length of time no channel of that brook has been used or known to have existed easterly of the canal.

In 1848, about six hundred feet to the east of the canal where the brook enters it, the roadway of the Delaware and Hudson railroad leading from Albany to Montreal was constructed at an…