President, Etc., of Delaware & H. Canal Co. v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Erie county. Action by the President, Managers & Company of the Delaware & Hudson Canal Company against the city of Buffalo. From an order dismissing the complaint, plaintiff appeals.
1Opinion of the Court
McLENNAN, j.
The Buffalo river flows in a northwesterly direction, in the city of Buffalo, for a considerable distance, and empties into Lake Erie. In its natural state, the river was tortuous, and varied greatly in width between its shore lines, which were irregular. The natural channel of the river was also tortuous, and did not follow the center line of the stream. At the place where the improvement in question was made, when the river was in its natural condition, the water in the channel was shallow, being not more than 7 or 8 feet in depth, and the bottom was composed entirely of rock…
2Cases cited5 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
- Litchfield v. . VernonNew York Court of Appeals · 1869
- Voght v. . City of BuffaloNew York Court of Appeals · 1892
- Hoffeld v. . City of BuffaloNew York Court of Appeals · 1892
3Cited by2 opinions
- Beck v. HollandMontana Supreme Court · 1903
- Cheney v. City of DetroitMichigan Supreme Court · 1923