Legal Opinion

State v. Case

New York Supreme Court

Decided March 10, 1976Published

1Opinion of the CourtHoward A. Zeller, J.

The Erie Canal connecting the Hudson River at Albany with Lake Erie at Buffalo was completed in 1825.1 Along its 363-mile length was a path on one bank or berm upon which teams of mules and horses trod pulling and towing scows, boats, bullheads and packets. A controversy exists as to the ownership and right to use approximately one mile of this former towpath. The canal lands from Dewitt, near Syracuse, to Rome were recently set aside for and designated as public park and recreation areas under the jurisdiction of the State Office of Parks and Recreation and the old towpath now is used by…

2Cases cited9 opinions

  1. Hinkley v. . State of New YorkNew York Court of Appeals · 1922
  2. Burbank v. . FayNew York Court of Appeals · 1875
  3. St. Vincent Female Orphan Asylum v. City of TroyNew York Court of Appeals · 1879
  4. Donahue v. . State of New YorkNew York Court of Appeals · 1889
  5. Banner Milling Co. v. StateNew York Court of Claims · 1921

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