Mark v. . the State
New York Court of Appeals
Appeal, pursuant to chapter 205, Laws of 1883, § 10, from a decision of the board of claims, awarding “ nothing ” to the appellants .upon a claim presented by them for lands appropriated by the State in 1854 for canal purposes, and for injuries to certain ferry rights' belonging to them, caused by such appropriation. The facts, so far as material, appear in the opinion.
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Appeal, pursuant to chapter 205, Laws of 1883, § 10, from a decision of the board of claims, awarding “ nothing ” to the appellants .upon a claim presented by them for lands appropriated by the State in 1854 for canal purposes, and for injuries to certain ferry rights' belonging to them, caused by such appropriation. The facts, so far as material, appear in the opinion. A subsequent statute not repugnant to a prior statute in all or any of its provisions, perhaps more comprehensive and perhaps varying more in verbiage than in meaning, but plainly intended to prescribe the only rule governing…
1Opinion of the CourtMiller, J.
The claim of the appellants depends upon the construction to be placed upon certain provisions of law relating to the appraisal and payment of damages to the owners of lands, waters or streams appropriated for canal purposes, and for other damages sustained from the canals by reason of their use and management, or for the negligence or conduct of the State officers having charge thereof, or resulting or arising from any accident or other matter or thing in connection with the canals.
The lands, in reference to which damages are claimed, were taken for canal purposes in 1854. At that time the…
2Cases cited1 opinion
- People Ex Rel. Jermain v. . ThayerNew York Court of Appeals · 1875
3Cited by32 opinions
- Waterloo Woolen Manufacturing Co. v. ShanahanNew York Court of Appeals · 1891
- Lyddy v. . Long Island CityNew York Court of Appeals · 1887
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- Village of St. Johnsbury v. ThompsonSupreme Court of Vermont · 1887
- In re the City of New YorkNew York Supreme Court · 1936
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