Legal Opinion
Hydraulic Race Co. v. Greene
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 1930PublishedCited by 4 opinions
1Opinion of the CourtVan Kirk, P. J.
This action is brought to have determined to what extent the plaintiff, as lessee of the State, has the right to use the waters of the Erie Canal at Lockport and to restrain the Superintendent of Public Works from interfering with plaintiff’s use according to its rights.
The lease, made in 1826, granted “ all the surplus waters, which, without injury to navigation, or security of the canal, may be spared from the canal ” at Lockport; and reserves the right to “ limit, control or wholly resume the said waters, and all the rights granted by this lease, whenever, in the opinion of the said Canal…
2Cases cited5 opinions
- Louisiana v. JumelSupreme Court of the United States · 1883
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- The People v. . the Home Insurance Co.New York Court of Appeals · 1883
- Smith v. . KerrNew York Court of Appeals · 1888
- People Ex Rel. Graves v. . SohmerNew York Court of Appeals · 1913
3Cited by4 opinions
- Village Nursing Home, Inc. v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1989
- Hart v. StateNew York Court of Claims · 1948
- Amadeus, Inc. v. StateNew York Court of Claims · 1967
- Erie Boulevard Hydropower v. StateNew York Court of Claims · 2012