Canal Appraisers v. People
New York Supreme Court
Error from the Supreme court. The relator claimed that damages should be allowed to him by the canal appraisers for the destruction of a water-fall, alleged by him to he his property, situate in the middle sprout of the Mohawk river, nearly opposite the junction of the Erie and Champlain canals, by the erection of a dam across the Hudson river, at the sloop lock between Troy and .Lansingbnrgh.
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Error from the Supreme court. The relator claimed that damages should be allowed to him by the canal appraisers for the destruction of a water-fall, alleged by him to he his property, situate in the middle sprout of the Mohawk river, nearly opposite the junction of the Erie and Champlain canals, by the erection of a dam across the Hudson river, at the sloop lock between Troy and .Lansingbnrgh. The appraisers refused to admit the claim, and on application to this court an alternative mandamus was issued commanding the canal appraisers to assess and appraise the damages alleged by the relator…
1Opinion of the Court
After advisement the following opinions were delivered:
x>v Liie Chancellor*. ^'/The relator in this case has shown himself entitled to so much of the fall m the middle sprout of the Mohawk as belonged to the manor of Bensselaerwyck under the grant to the ancestor of the patroon. The general terms of that grant are of all that tract or tracts of land called Bensselaerwyck, lying and being in and upon the banks of the Hudson’s river between a line running east and west through the south end of Bearen island, and another line running east and west through the Cahoes falls, and to extend back…
2Cases cited2 opinions
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Allen v. ThayerMassachusetts Supreme Judicial Court · 1821
3Cited by7 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Vansickle v. HainesNevada Supreme Court · 1872
- Fuller v. ColeSuperior Court of Pennsylvania · 1907
- In re State Reservation at NiagaraNew York Supreme Court · 1884
- Cryer v. Sawkill Pines Camp, Inc.Superior Court of Pennsylvania · 1926
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