Comm'rs of Canal Fund v. Kempshall
New York Supreme Court
lilRROR from the Supreme Court. In the construction * of the new aqueduct at Rochester, a race-way by which water was conducted from the Genesee river to a valuable grist-mill belonging to Kempshall was obstructed by the agents of the state, from the 20th March to the 1st day of June, 1837, whilst the arch for the aqueduct was constructing, by which he sustained damages assessed by the canal appraisers at $1,866.66. The assessment was removed into the supreme court by…
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lilRROR from the Supreme Court. In the construction * of the new aqueduct at Rochester, a race-way by which water was conducted from the Genesee river to a valuable grist-mill belonging to Kempshall was obstructed by the agents of the state, from the 20th March to the 1st day of June, 1837, whilst the arch for the aqueduct was constructing, by which he sustained damages assessed by the canal appraisers at $1,866.66. The assessment was removed into the supreme court by certiorari. The race-way is supplied with water by means of a dam across the Genesee river, at the distance of thirty or forty…
1Opinion of the Court
After advisement the following opinions were delivered:
*413He had The Chancellor said that the state was liable for the damages sustained by the defendant in error in the diversion of the waters of the river from his mill the right to hold to the middle of the stream, and even to erect buildings there if he chose to do so. The only restriction upon his right to use the bed of the river absolutely as his own, was the right of the public to navigate the .stream. The Chancellor referred to the opinion delivered by him ó? the case of The Canal Appraisers v. The People, 17 Wendell, 580, as…
2Cases cited2 opinions
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Starr v. ChildNew York Supreme Court · 1838
3Cited by43 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
- Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875
- Braddock Jones, in Error v. James G. SoulardSupreme Court of the United States · 1861
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