Canal Commissioners v. People
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. At the October term, 1826, of the supreme court, the relator George Tibbits obtained a rule that the canal commissioners and canal appraisers shew cause why a mandamus should not issue, commanding them to assess, appraise, allow and pay certain damages alleged to have been sustained by him in consequence of the erection of the dam across the Hudson, at the shop lock be= tween Troy and Lansingburgb, by means whereof the water is raised to the…
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Error from the supreme court. At the October term, 1826, of the supreme court, the relator George Tibbits obtained a rule that the canal commissioners and canal appraisers shew cause why a mandamus should not issue, commanding them to assess, appraise, allow and pay certain damages alleged to have been sustained by him in consequence of the erection of the dam across the Hudson, at the shop lock be= tween Troy and Lansingburgb, by means whereof the water is raised to the perpendicular height of nine feet, in a sprout in the Mohawk river called the middle sprout, situate above the dam and…
1Opinion of the Court
The following opinions were delivered r
By the Chancellor.
In England no principle of the common law as to the rights of property is better established than that which is the chief subject of controversy in this case. There a grant of land bounded upon the sea shore, or upon a stream or arm of the sea where the tide ebbs and flows, conveys to the grantee only that part of the bank which is not covered by the water at flood tide. And neither the lands under the water, the islands therein, or the right of fishery will be conveyed by implication. In order to affect these the terms of the grant…
2Cases cited3 opinions
- Palmer v. MulliganNew York Supreme Court · 1805
- Shrunk v. President of the Schuylkill Navigation Co.Supreme Court of Pennsylvania · 1826
- People ex rel. Holbrook v. Judges of the Jefferson Common PleasNew York Supreme Court · 1829
3Cited by77 opinions
- Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Williams v. . WilliamsNew York Court of Appeals · 1853
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
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