Legal Opinion

New York Telephone Co. v. State

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

Decided September 15, 1915No. 212/122Published

Appeal from Board of Claims. Action by the New York Telephone Company against the State of New York. From a determination of the Board of Claims, disallowing and dismissing the claim of claimant, it appeals. Reversed, and judgment directed for claimant.

1Opinion of the CourtLyon, J.

The question involved upon this appeal is whether the claimant, which is a domestic corporation organized under the Transportation Corporations Law (Consol. Laws, c. 63; Laws 1909, c. 219), is entitled to compensation from the state for the portion of its telephone line destroyed in connection with the construction, pursuant to chapter 147. of the Laws of 1903, commonly known as the Barge Canal Act, and the acts amendatory thereof, of the state reservoir at Delta, in the county of Oneida. The sebtion of the claimant’s line included within the flow ground of said reservoir consisted of 143…

2Cases cited54 opinions

  1. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  2. Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
  3. People v. . O'BrienNew York Court of Appeals · 1888
  4. People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
  5. Jackson v. . State of New YorkNew York Court of Appeals · 1914

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