Champlain Stone & Sand Co. v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, the Champlain Stone and Sand Company, from a judgment, of the "Court of Claims, entered in the office of the clerk of said court on the lltli day of July, 1910, awarding the claimant the sum of $1,170.83. Prior to March, 1906, one Charles S. Fenton was the owner of a quarry situated near Fort Ann, Washington county, and of flat lands adjoining said quarry, and- extending therefrom to the lands of the Delaware and Hudson Bailroad Company.
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Appeal by the claimant, the Champlain Stone and Sand Company, from a judgment, of the "Court of Claims, entered in the office of the clerk of said court on the lltli day of July, 1910, awarding the claimant the sum of $1,170.83. Prior to March, 1906, one Charles S. Fenton was the owner of a quarry situated near Fort Ann, Washington county, and of flat lands adjoining said quarry, and- extending therefrom to the lands of the Delaware and Hudson Bailroad Company. In that month he made a lease of the said quarry to James E. Flood and James D. Sherrill for the term of ten years. By the terms of…
1Opinion of the Court
Smith, P. J.:
My conclusions in this case, briefly stated, are as follows:
First. The appropriation for which compensation is asked was not of the stone quarry but of the right of way to the Delaware and Hudson railroad, involving the destruction of certain structures thereupon. The right of way from the quarry to the Delaware and Hudson railroad crosses Wood creek, about fifteen feet in width, by a bridge, which in no way has interfered with the navigation of Wood creek; in fact navigation upon Wood creek has been long abandoned. The gravity road upon this right of way is deemed of great…
2Cases cited5 opinions
- Forster v. . ScottNew York Court of Appeals · 1893
- Chenango Bridge Co. v. . PaigeNew York Court of Appeals · 1880
- Fort Plain Bridge Co. v. . SmithNew York Court of Appeals · 1864
- Lewis Blue Point Oyster Cultivation Co. v. BriggsNew York Court of Appeals · 1910
- In re The Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- In re Town of East HamptonAppellate Division of the Supreme Court of the State of New York · 2007
- Whitehall Water Power Co. & Champlain Silk Mills v. Atlantic, Gulf & Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Johnson v. StateAppellate Division of the Supreme Court of the State of New York · 1912
- Callanan v. KeenanAppellate Division of the Supreme Court of the State of New York · 1917
- Whitehall Water Power Co. & Champlain Silk Mills v. Atlantic, Gulf & Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1914