Baker & Clogher v. Johnson
New York Supreme Court
Trover for a quantity of quarried stone, tried before Gridley, 0. Judge, at the Lewis circuit, in December, 1840. By an act of the legislature, (Ch. 157, Statutes of 1836, p, 207,) the canal commissioners were directed to construct the Black River Canal; and for that purpose they had power to “ enter on, and take possession of, and use all lands, streams and waters, the appropriation of which for the use of such canals and works shall, in their judgment, be necessary.”
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Trover for a quantity of quarried stone, tried before Gridley, 0. Judge, at the Lewis circuit, in December, 1840. By an act of the legislature, (Ch. 157, Statutes of 1836, p, 207,) the canal commissioners were directed to construct the Black River Canal; and for that purpose they had power to “ enter on, and take possession of, and use all lands, streams and waters, the appropriation of which for the use of such canals and works shall, in their judgment, be necessary.” (1 R. S. 220, § 16.) The plaintiff owned a farm in Leyden, Lewis county, through which the line of the canal passed; and the…
1Opinion of the Court
By the Court,
Bronson, J.
The people of this state, by their proper agents, entered upon that portion of the plaintiff’s land which lies within the external lines of the canal, and appropriated it to the public use. Although the absolute fee did not pass to the state until the appraisement of damages, yet the right to enter and use the property was perfect the moment the appropriation was made. (1 R. S. 220, § 16, and p. 226, § 52. Rogers v. Bradshaw, 20 John. R. 735. Brinckerhoff v. Wemple, 1 Wend. 470.) No formal resolution of the commissioners to take the land was necessary. (See Lyon v.…
2Cases cited2 opinions
- Brinckerhoff v. WempleNew York Supreme Court · 1828
- Lyon v. JeromeNew York Supreme Court · 1836