Legal Opinion

In re the Fishway in Dam Crossing the West Branch of Delaware

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

Decided March 10, 1909PublishedCited by 6 opinions

Appeal by the petitioner, the Deposit Electric Company, from an order of the Supreme Court, made at the Bi’oome Special Term and entered in the office of the clerk of the county of Delaware on the 2d day of September, 1908, modifying an order made by the Forest, Fish and Game Commissioner, entered on the 6th day of August, 1906, with notice of an intention to bring up for review upon such appeal the said order of August 6, 1906.

1Opinion of the Court

Order modified' by striking out the word “ excepting ” in the last ' clause thereof, which has apparently been inserted therein by inad*405vertence, and as so modified affirmed, with costs, upon the opinion of the court at Special Term.

All concurred.

The following is the opinion delivered at Special Term:

Lyon, J.:

This is an application by the Deposit Electric Company for an order of the court vacating the order of Hon. James S. Whipple, Forest, Fish and Game Commissioner of the State of Hew York, served upon said electric company requiring it to erect an efficient fishway in its said dam by…

2Cases cited16 opinions

  1. Ex parte MaierCalifornia Supreme Court · 1894
  2. Morgan v. . KingNew York Court of Appeals · 1866
  3. Holyoke Co. v. LymanSupreme Court of the United States · 1873
  4. Sweet v. . City of SyracuseNew York Court of Appeals · 1891
  5. People v. Truckee Lumber Co.California Supreme Court · 1897

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3Cited by6 opinions

  1. State v. Trustees of the Freeholders & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1984
  2. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1932
  3. State v. Sour Mountain Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  4. People ex rel. New York, Ontario & Western Railway Co. v. State Tax CommissionNew York Supreme Court · 1921
  5. People v. GrucciSuffolk County District Court · 2001

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