Legal Opinion

West Virginia Pulp & Paper Co. v. Peck

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

Decided November 12, 1919PublishedCited by 11 opinions

Appeal by the plaintiff, West Virginia Pulp and Paper Company of Delaware, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Saratoga on the 6th day of September, 1918.

1Opinion of the Court

Cochrane, J.:

Plaintiff is the owner of a dam seven hundred and ninety-six feet long across the Hudson river at Mechanieville. It also owns the land on both sides of the river at the termini of the dam. As originally constructed in the year 1882 the dam was sixteen feet high. In the year 1903 the Barge Canal Act was passed being chapter 147 of the Laws of that year which canalized (§3) the river from Waterford to Fort Edward. Notwithstanding that legislation the plaintiff in 1904 increased the height of its dam three feet. Subsequently the State in the construction of the Barge canal built…

2Cases cited12 opinions

  1. Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
  2. Morgan v. . KingNew York Court of Appeals · 1866
  3. Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
  4. St. Anthony Falls Water Power Company v. St. Paul Water Commissioners; Minneapolis Mill Company v. SameSupreme Court of the United States · 1897
  5. Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Waterford Electric Light, Heat & Power Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1924
  2. New York Power & Light Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1930
  3. People v. New York & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1927
  4. Waterford Electric Light, Heat & Power Co. v. StateNew York Court of Claims · 1921
  5. City of New York v. Brooklyn Borough Gas Co.New York Supreme Court · 1951

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API