Whitehall Water Power Co. & Champlain Silk Mills v. Atlantic, Gulf & Pacific Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Atlantic, Gulf and Pacific Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Washington on the 5th day of May, 1913, upon the decision of the court after a trial at the Washington Trial Term.
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Appeal by the defendant, Atlantic, Gulf and Pacific Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Washington on the 5th day of May, 1913, upon the decision of the court after a trial at the Washington Trial Term. The judgment adjudges that the plaintiff Whitehall Water Power Company, Limited, is entitled to the ownership and occupation of the bed of Wood creek, and that it recover from the defendant the sum of $9,320 damages and that both plaintiffs recover the sum of $720.50 costs.
1Opinion of the Court
Howard, J.:
Tn 1*765 Philip Skene obtained from the Crown of Great Britain the grant of about 25,000 acres of land lying in the northern part of what is now Washington county. The King in his royal patent made these reservations: “Excepting the said Wood Creek which is reserved as a common highway for the benefit of the publick. ” Also ‘ ‘ except Wood Creek as aforesaid, for a common and publick highway.” At or near the site of the falls in Wood creek the Whitehall Water Power Company, Limited, and its predecessors in title have, for many years, maintained a dam across the creek. This dam was…
2Cases cited6 opinions
- Wells v. . JohnstonNew York Court of Appeals · 1902
- Indiana Central Canal Co. v. StateIndiana Supreme Court · 1876
- People v. OstranderAppellate Division of the Supreme Court of the State of New York · 1911
- Champlain Stone & Sand Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1911
- Champlain Stone and Sand Company v. . the St. of New YorkNew York Court of Appeals · 1912
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3Cited by4 opinions
- Lee v. StateNew York Court of Claims · 1946
- Clark v. StateAppellate Division of the Supreme Court of the State of New York · 1964
- Van Schaick v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1937
- City of New York v. Yellow Taxi Corp.City of New York Municipal Court · 1935