Hall v. . the Whitehall Water Power Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third j udicial department, entered upon an order made December 27, 1884, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial 'at Special Term. This action was brought to restrain the defendant from building a dam upon Wood creek, in the village of Whitehall, and to compel the removal of its erections and for damages.
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Appeal from judgment of the General Term of the Supreme Court, in the third j udicial department, entered upon an order made December 27, 1884, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial 'at Special Term. This action was brought to restrain the defendant from building a dam upon Wood creek, in the village of Whitehall, and to compel the removal of its erections and for damages. The plaintiff claimed title to a small lot in the village of Whitehall, being the northern fifty-five feet of a parcel known as the “ Phoenix barn lot,” which parcel…
1Opinion of the CourtRapallo, J.
We are of opinion that the plaintiff’s grantor, Hancock, took title under his deed only to the strip of upland, thirty feet wide, lying between William street and- Wood creek, and that he acquired no rights in the land under the waters of the creek, or in the water power. This, we think, is the true construction of the deed from the referee in the foreclosure suit to Hancock, in view of the situation of the property and of the circumstances existing at the time of the conveyance and prior thereto. The [description in the deed from the referee is similar to that contained in the deed of the…
2Cases cited1 opinion
- Higinbotham v. . StoddardNew York Court of Appeals · 1878
3Cited by4 opinions
- Adams v. SmithNew York Supreme Court · 1887
- State v. GoodWest Virginia Supreme Court · 1904
- Landon v. ClarkCourt of Appeals for the Second Circuit · 1917
- Watson v. City of New YorkNew York Supreme Court · 1901