Lyon v. Jerome
New York Supreme Court
This was an action of trespass, tried at the Oswego circuit in June, 1834, before the Hon. Hiram Benio, one of the circuit judges. The suit was brought for the taking of a quantity of red freestone from the quarry of the plaintiff, used in the construction of locks on the Osiuego canal. The stone was taken by the direction of the defendant, who was the chief engineer in the construction of the canal.
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This was an action of trespass, tried at the Oswego circuit in June, 1834, before the Hon. Hiram Benio, one of the circuit judges. The suit was brought for the taking of a quantity of red freestone from the quarry of the plaintiff, used in the construction of locks on the Osiuego canal. The stone was taken by the direction of the defendant, who was the chief engineer in the construction of the canal. One of the canal commissioners frequently saw the work while in progress; he gave no orders to procure stone from any lands other than such as were appvopiiated for the line of the canal, but…
1Opinion of the Court
By the Court,
Nelson, C. J.
By an act passed 22d April, 1823,Session Laws of 1823, p. 254, the canal commissioners were authorized to “ cause a survey to be made by one of the *571engineers in their employ, of the Oswego river from the head of the falls to Lake Ontario.” In the fall session of 1824, Session Laws of 1824, p. 342, another act was passed directing the company to proceed in the improvement of the navigation of the Oswego river, according to a certain report made to the legislature, or in such other manner as they should judge best for the interest of the state and the accomplishment of…
2Cases cited1 opinion
- Wheelock v. YoungNew York Supreme Court · 1830
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- Baker & Clogher v. JohnsonNew York Supreme Court · 1842