Legal Opinion

Reed v. . the State

New York Court of Appeals

Decided February 28, 1888PublishedCited by 30 opinions

Appeal from award of the Board of Claims made September 10, 1884, which allowed nothing to the claimant upon a claim for damages to his lands in Onondaga county, alleged to have been caused by water percolating from the “ Jamesville Reservoir.” The material facts are stated in the opinion.

1Opinion of the Court

Rugeb, Oh. J.

Prior to the year 1873 the state became the owner of about 160 acres of land in the town of Lafayette, Onondaga county, lying in a valley on both sides of Butternut creek. For the purpose of providing a feeder for the Erie canal it proceeded, through its own agents, without the intervention of contractors, to construct a dam across the valley, by which means a large body of water, covering about sixty or seventy acres of land to a depth of thirty feet or less, was. collected in a reservoir, and there retained and used, as occasion required, for the canal. In the course of the…

2Cases cited4 opinions

  1. Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
  2. Pixley v. . ClarkNew York Court of Appeals · 1866
  3. The Village of Delhi v. . YoumansNew York Court of Appeals · 1871
  4. Heacock Berry v. . State of New YorkNew York Court of Appeals · 1887

3Cited by30 opinions

  1. Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
  2. Capruso v. Village of Kings PointNew York Court of Appeals · 2014
  3. Dufel v. StateAppellate Division of the Supreme Court of the State of New York · 1921
  4. Howell v. Big Horn Basin Colonization Co.Wyoming Supreme Court · 1905
  5. Wells v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1890

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