Legal Opinion

Village of Port Henry v. Kidder

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

Decided March 8, 1899PublishedCited by 4 opinions

Appeal from special term, Essex county. Action by the village of Port Henry against George S. Kidder. From an order confirming award of compensation made by commissioners in condemnation proceedings, plaintiff appeals.

1Opinion of the CourtLandon, J.

The plaintiff, in 1892, for the purpose of supplying the village of Port Henry with pure and wholesome water, acquired of the owner certain springs, and diverted the water thereof from its natural course. These springs discharged into a stream flowing through the defendant’s land, and furnishing the power to operate his *103grist mill thereon. The appropriation of the springs by the plaintiff impaired the defendant’s water power. Proceedings to ascertain the compensation to be paid the defendant for this permanent diversion of water were commenced in 1898, and resulted in an award of $2,000. The…

2Cases cited5 opinions

  1. Daly v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
  2. Manhattan Railway v. O'SullivanAppellate Division of the Supreme Court of the State of New York · 1896
  3. In re New York Elevated RailroadNew York Supreme Court · 1890
  4. In re Metropolitan Elevated Railway Co.New York Supreme Court · 1894
  5. Rochester, Hornellsville & Lackawanna Railroad v. HartshornNew York Supreme Court · 1888

3Cited by4 opinions

  1. In re the Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1900
  2. Guilford v. BradburyAppellate Division of the Supreme Court of the State of New York · 1903
  3. Claim of Johns v. Village of SalamancaAppellate Division of the Supreme Court of the State of New York · 1908
  4. Hall v. StateAppellate Division of the Supreme Court of the State of New York · 1905

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