United Traction Co. v. Ferguson Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the United Traction Company, from an interlocutory judgment of the Supreme Court -in favor of the defendants Woods and Hamilton, entered in the office of the clerk of the county of Saratoga on the 10th day of August, 1906, upon the decision Of the court, rendered after a trial at the Saratoga Special Term, sustaining the said defendants’ demurrer to the complaint.
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Appeal by the plaintiff, the United Traction Company, from an interlocutory judgment of the Supreme Court -in favor of the defendants Woods and Hamilton, entered in the office of the clerk of the county of Saratoga on the 10th day of August, 1906, upon the decision Of the court, rendered after a trial at the Saratoga Special Term, sustaining the said defendants’ demurrer to the complaint. The defendants are constructing the barge canal under a contract with the i State made in pursuance of- chapter 147 of the Laws of 1903. The line of the canal thus to' be constructed' extends across Saratoga…
1Opinion of the Court
Smith, J.:
Chapter 147 of the Laws of 1903 makes provision for the improvement of the Erie canal. -This improvement contemplates in some places a variation from the line of the canal as it now exists requiring the appropriation of new and additional land. By section 4 of that act it is provided that the State Engineer may enter upon and take possession' of and use “ lands, structures and waters, the appropriation of which for the use of the improved canals and for the purposes of the work and improvement authorized by this act, shall in his judgment be necessary.” He is required to make an…
2Cases cited6 opinions
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Baker v. . HartNew York Court of Appeals · 1890
- Waller v. . StateNew York Court of Appeals · 1895
- City of Syracuse v. StaceyNew York Supreme Court · 1895
- Hayden v. . StateNew York Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rogers v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915