In Re the Petition of Thompson
New York Court of Appeals
Appeal from order of the General Term of the Supreme ■Court in the second judicial department, made May 13, 1889, which affirmed an order of Special Term confirming the award of commissioners appointed under the act chapter 445, Laws of 1877, as amended by chapter 490, Laws of 1883, to assess the damages caused by the diversion of the water of the Bronx river from certain lands of Charles Butler. The facts, so far as material, appear in the opinion.
1Opinion of the Court
Parker J.
This proceeding was brought pursuant to the powers conferred on the commissioner of public works of the city of 27ew York, by chapter 445 of the Daws of 1877, and the various acts amendatory thereof, to acquire the right to divert, and keep diverted from the Bronx River, all the water of the river north of, and above the dam at Kensico.
The commissioners awarded to the claimant, who was the owner of a large and valuable farm through which the river ran, damages in the sum of $7,270.
From the order confirming such report and award, successive appeals have been taken by the claimant to…
2Cases cited11 opinions
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Cent. Pac. R.R. v. PearsonCalifornia Supreme Court · 1868
- Huntington v. . AttrillNew York Court of Appeals · 1890
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1877
- People, Ex Rel. Mayor, Etc. v. . McCarthyNew York Court of Appeals · 1886
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3Cited by37 opinions
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- Jamieson v. Kings County Elevated Railway Co.New York Court of Appeals · 1895
- Village of Lawrence v. GreenwoodNew York Court of Appeals · 1949
- Prairie Pipe Line Co. v. ShippSupreme Court of Missouri · 1924
- Simons v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1905
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