Selden v. Delaware & Hudson Canal Co.
New York Supreme Court
MOTION for a new trial. The complaint stated that the defendants, in 1823, were incorporated, with power to make, construct and forever maintain, a canal, &c., substantially as stated in the 8th section of the act of incorporation ; that under such power, the defendants had proceeded to construct a canal of such width, depth and dimensions, as they had determined to be suitable arid proper, and that the same was completed in or before the year 1835; that in 1849 they…
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MOTION for a new trial. The complaint stated that the defendants, in 1823, were incorporated, with power to make, construct and forever maintain, a canal, &c., substantially as stated in the 8th section of the act of incorporation ; that under such power, the defendants had proceeded to construct a canal of such width, depth and dimensions, as they had determined to be suitable arid proper, and that the same was completed in or before the year 1835; that in 1849 they commenced enlarging their canal by raising the embankments and waste weirs, and deepening and widening the trench, and damming…
1Opinion of the Court
By the Court, Harris, J.
I have no doubt of the power of the defendants, under their charter, to construct the enlargement of their canal. My reasons for this opinion I had occasion to state in Bruce v. the same defendants, (19 Barb. 371.) But I think the plaintiff ought not to have been nonsuited. Though the defendants had the right to enlarge their canal, and upon making compensation therefor, to take private property for that purpose, they would still be liable to remunerate the plaintiff in damages for any injury he might sustain as the consequence of their improvement. If, by means of the…
2Cases cited2 opinions
- Bradley v. New-York & New-Haven Rail-RoadSupreme Court of Connecticut · 1851
- Bruce v. President of the Delaware & Hudson Canal Co.New York Supreme Court · 1853
3Cited by4 opinions
- Trenton Water Power Co. v. RaffSupreme Court of New Jersey · 1873
- McKee v. Delaware & H. Canal Co.New York Supreme Court · 1889
- Selden v. . the Del. Hud. Canal Co.New York Court of Appeals · 1864
- Selden v. Delaware & Hudson Canal Co.New York Court of Appeals · 1864