Lakeside Paper Co. v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by. the claimant, the Lakeside Paper Company, from so much of a judgment of the Court of Claims in favor of the defendant, entered in the office of said Court of Claims on the 20th day of March, 1899, as awards it $1,692, for damages done to its paper mill by the act of the State in shutting off for seventy-eight days in 1892 the water by which the mill was operated. The appellant claims that tlie award is insufficient.
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Appeal by. the claimant, the Lakeside Paper Company, from so much of a judgment of the Court of Claims in favor of the defendant, entered in the office of said Court of Claims on the 20th day of March, 1899, as awards it $1,692, for damages done to its paper mill by the act of the State in shutting off for seventy-eight days in 1892 the water by which the mill was operated. The appellant claims that tlie award is insufficient. For former appeal see 15 Appellate Division 169. For particulars of the situation see Waller v. State (144 N. Y. 579).
1Opinion of the Court
Landon, J.:
The plaintiff’s paper mill was fully equipped with workmen and appliances and was in profitable operation when the State wrongfully withheld the water operating it for a. period of seventy-eight •days. The claimant proved, I think,, to a reasonable certainty that Lie act of the State reduced its production of paper by 302 tons; that its profit thereon would have been $8 per ton, and consequently its loss upon that item was $2,416. The claimant proved to a reasonable certainty that the wages of its workmen which it- was obliged to pay when they could render no useful service were…
2Cases cited7 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Witherbee v. . MeyerNew York Court of Appeals · 1898
- Lacour v. MayorThe Superior Court of New York City · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Paduano v. StateAppellate Division of the Supreme Court of the State of New York · 1922
- Henry Hall Sons' Co. v. Sundstrom & Stratton Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Murmann v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1931
- Chase Manhattan Bank v. Broadway, Whitney Co.New York Supreme Court · 1968
- Quarnberg v. City of ChamberlainSouth Dakota Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.