Hall v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Benjamin E. Hall, from a. judgment of the Court of Claims in favor of the plaintiff, entered on the 9th day of October, 1901, awarding him the sum of $2,441.76 for .certain property appropriated by the State under and in 'pursuance of chapter 627 of the Laws of 1898. The actual value placed by the court upon the property is $2,088.76. The remainder is interest on that sum. The appeal is taken on the ground among others that the award is insufficient.
1Opinion of the Court
Fursman, J.:
It appears from the record that independently of the water power, which is the chief matter in controversy, the State appropriated 59.176 acres of land of the claimant which the court found to he of the value of $1.50 per acre, or a total value of $88.76. It is thus made to appear that the value put upon the water power is $2,000. The court, however, did not allow anything for the water power as such, but on the theory that owners of land above on the stream might wish to purchase it concluded that the chance of being able to sell it was worth $2,000 to the claimant and,…
2Cases cited3 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Corning v. GouldNew York Supreme Court · 1837
- Hammond v. . ZehnerNew York Court of Appeals · 1860
3Cited by6 opinions
- City of Anson v. ArnettCourt of Appeals of Texas · 1952
- State v. Hidalgo County Water Control & Improvement District No. EighteenCourt of Appeals of Texas · 1969
- Ely v. . State of New YorkNew York Court of Appeals · 1910
- Potter v. SumnerAppellate Division of the Supreme Court of the State of New York · 1902
- Hall v. StateAppellate Division of the Supreme Court of the State of New York · 1905
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