Dermott v. . the State
New York Court of Appeals
Appeal from decision of the hoard of claims, made M ovember 14, 1883, dismissing the claim herein and awarding nothing thereon. The nature of the claim and the material facts are stated in the opinion. The grant to plaintiff’s testator having been made for a good consideration, the State could not revoke or obtain possession of the privilege granted except by condemnation and compensation.
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Appeal from decision of the hoard of claims, made M ovember 14, 1883, dismissing the claim herein and awarding nothing thereon. The nature of the claim and the material facts are stated in the opinion. The grant to plaintiff’s testator having been made for a good consideration, the State could not revoke or obtain possession of the privilege granted except by condemnation and compensation. (12 Wend. 381; 4 Denio, 189; 3 Hill, 504; 8 Barb. 653; 35 id. 282; 2 Penn. 531.) The proprietorship of the banks and bed of the Hudson and Mohawk rivers is vested in the State, and riparian owners along…
1Opinion of the Court
Ruger, Ch. J.
The claimants in this proceeding assert a right to damages against the State by reason of the act of the canal commissioners in cutting off the privilege of drawing surplus water from the Erie canal for the propulsion of the machinery used in running certain flouring mills owned by them near Port Schuyler. ' The resolution of the commissioners by which the use of the water was withdrawn from the claimants was adopted in 1875 and reads as follows: “Whereas, It is evident to the board that water drawn from said canal at Port Schuyler by Stephen C. Dermott under his water grant is…
2Cases cited2 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Brink v. RichtmyerNew York Supreme Court · 1817
3Cited by37 opinions
- Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
- Bradkin v. LevertonNew York Court of Appeals · 1970
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1893
- Jordan Keys & Jessamy, LLP v. St. Paul Fire & Marine InsuranceDistrict of Columbia Court of Appeals · 2005
- Cousins Investment Co. v. Hastings Clothing Co.California Court of Appeal · 1941
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