Claim of Van Etten v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by The City of New York from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Ulster on the 4th day of December, 1917, confirming the report and award of Damage Commission No. 4, and granting allowances, etc., in this proceeding.
1Opinion of the Court
Woodward, J.:
The claimant is the owner of a farm in the town of Marble-town, Ulster county, comprising about 809 acres, of which 359 acres are bottom land, the remainder lying higher up and largely devoted to forest. The Esopus creek, a non-navigable stream, flows along the easterly boundary of this farm for a distance of something over one and one-half miles, supported by a watershed of '285 square miles, and under normal conditions this stream flowed a considerable portion of this bottom land at flood, and. during the remainder of the season afforded water for farm purposes, fishing,…
2Cases cited5 opinions
- Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
- Matter of City of BrooklynNew York Court of Appeals · 1895
- County of Erie v. . FridenbergNew York Court of Appeals · 1917
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Board of Water SupplyAppellate Division of the Supreme Court of the State of New York · 1913