People v. Platt
New York Supreme Court
THE defendants were indicted for a nuisance, at the General Sessions of the Peace, for Clinton county, in January, 1818. The indictment contained three counts.
Read the full summary
THE defendants were indicted for a nuisance, at the General Sessions of the Peace, for Clinton county, in January, 1818. The indictment contained three counts. The first count stated, that the river Saranac runs through the county of Clinton, and empties into Lake Champlain, and that, before the nuisance complained of, salmon were accustomed to pass, and did actually pass, from Lake Champlain into and up the river Saranac, for a distance of twenty miles ; that by the laws and statutes of the state, it is made unlawful for any person or persons to erect any dam or other obstruction *along,…
1Opinion of the Court
Spencer, Ch. J.,
delivered the opinion of the court. In consider ng this case, these facts will be assumed : that the defendant has omitted to comply with the requirements of the acts of 1801 and 1813; that the dam across the Saranac has not been altered so as to admit the passage of salmon into the waters above it; and that, prior to the erection of a dam across the Saranac, at its mouth, salmon passed up that river, above the present dam, I shall not notice several minor exceptions to. the indictment, which were taken on the argument, as I prefer placing my opinion on the broad question,…
2Cases cited2 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- New Jersey v. WilsonSupreme Court of the United States · 1812
3Cited by42 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
37 more not listed; retrieve them via the Exa API.