Miller v. President, Directors & Comapany of Junction Canal Co.
New York Supreme Court
THIS was an action to recover the expenses incurred oy the plaintiff’s testator, John Gr. Warren, deceased, pursuant to an alleged submission to arbitration, which the defendánts revoked before the cause was finally submitted to the alleged arbitrators. The action was tried before Justice Balcom without a jury, at the Chemung circuit in September, 1856, when judgment was directed in favor of the plaintiff for $173.94 damages, besides costs.
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THIS was an action to recover the expenses incurred oy the plaintiff’s testator, John Gr. Warren, deceased, pursuant to an alleged submission to arbitration, which the defendánts revoked before the cause was finally submitted to the alleged arbitrators. The action was tried before Justice Balcom without a jury, at the Chemung circuit in September, 1856, when judgment was directed in favor of the plaintiff for $173.94 damages, besides costs. After the entry of judgment in conformity with the decision of the judge, the defendants appealed to the general term of this court.
1Opinion of the Court
By the Court, Balcom, P. J.
The defendants are a corporation, formed under and pursuant to chapter 194 of the laws of 1846. (Laws of 1846, p. 222.) John G. Warren, now deceased, owned land adjoining the Chemung river, in the county of Chemung, through which the defendants constructed a canal; and they erected a dam across that river that abutted on the lands of Warren; and the latter claimed he was injured by means of the dam. The defendants could not obtain by voluntary donation or purchase from Warren the real estate and water privileges necessary for constructing, maintaining and repairing…
2Cases cited1 opinion
- Merritt v. . ThompsonNew York Court of Appeals · 1863
3Cited by2 opinions
- Lukens v. FreiundSupreme Court of Kansas · 1882
- Call v. HagarSupreme Judicial Court of Maine · 1879