Legal Opinion

Lyon v. Jerome

New York Supreme Court

Decided July 1, 1841PublishedCited by 27 opinions

Tjl RROR from the Supreme Court. Lyon sued Jerome * in an action of trespass for taking a quantity of stone from his quarry, used in the construction of locks on the Oswego canal. The defendant justified the taking as chief engineer in the construction of the canal, under the statutes relating to the construction of the state canals. The stone was taken by his direction.

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Tjl RROR from the Supreme Court. Lyon sued Jerome * in an action of trespass for taking a quantity of stone from his quarry, used in the construction of locks on the Oswego canal. The defendant justified the taking as chief engineer in the construction of the canal, under the statutes relating to the construction of the state canals. The stone was taken by his direction. The canal commissioner who had charge of this improvement, saw the work whilst in progress, but gave no directions for taking the stone from the premises of the plaintiff; he testified that the contractors were authorized to…

1Opinion of the Court

After advisement the following opinions were delivered :

By th,e Chancellor.

In my opinion there should be a reversal of the judgment of the supreme court, for the reasons assigned by the circuit judge, on his refusal to *493grant a new trial. If the commissioners had the right to enter upon the premises of the plaintiff and take the stone, it does not follow that their agents had the same right. Mere executive or ministerial powers may be sub-delegated, but not judicial or discretionary powers. Here the engineer acted even without the knowledge of the commissioner, for the reasonable inference…

2Cases cited2 opinions

  1. Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
  2. Wheelock v. YoungNew York Supreme Court · 1830

3Cited by27 opinions

  1. St. Peter v. . DenisonNew York Court of Appeals · 1874
  2. Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
  3. Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
  4. McKinnon v. VollmarWisconsin Supreme Court · 1889
  5. Lynch v. ForbesMassachusetts Supreme Judicial Court · 1894

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