Legal Opinion

Greeley v. State

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1904PublishedCited by 7 opinions

Appeal by the' claimant, William Greeley, from a judgment of the Court of Claims in favor of the defendant, entered in the office of the clerk of said court on the 13th day of February, 1903, dismissing the plaintiffs claim.

1Opinion of the Court

Houghton, J.:

For many years the State has maintained an aqueduct for the Erie canal across Flat creek in Montgomery county^ a short distance above its entrance into the Mohawk river. Just above the aqueduct the creek is about one hundred feet in width; and after it passes through *606it narrows to about one-half that distance. The aqueduct is supported by piers which make five openings of -about twenty feet each through which the creek runs, and is built of large timbers which are removed at the close of navigation in each year, leaving no obstruction to the flow of the creek and the passage of…

2Cases cited3 opinions

  1. Michaels v. New York Central RailroadNew York Court of Appeals · 1864
  2. Higgins v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1894
  3. Shannahan v. StateAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by7 opinions

  1. Prashant Enterprises, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1994
  2. Pierce v. Village of RavenaNew York Supreme Court · 1940
  3. Pickersgill v. City of New YorkCivil Court of the City of New York · 1996
  4. Roberts v. City of Glens FallsAppellate Division of the Supreme Court of the State of New York · 1915
  5. New England Brick Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1912

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