De Camp v. . Dix
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 22, 1897, affirming a judgment in favor of plaintiff entered'upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinions. The court erred in holding that the act of 1851 (Ch. 207) was void, because it took or attempted to take lands for a private and not for public use.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 22, 1897, affirming a judgment in favor of plaintiff entered'upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinions. The court erred in holding that the act of 1851 (Ch. 207) was void, because it took or attempted to take lands for a private and not for public use. (Matter of Burns, loo N. Y. 23.) The court erred in holding the Moose river legislation unconstitutional because no provision is made for compensation to…
1Opinion of the CourtHaight, J.
This action was brought by the plaintiff’s testatrix to restrain the defendants from floating logs down the north branch of the Moose river over her lands. The defenses interposed are to the effect (1) that the defendants are entitled to float logs in the north branch of the river as a right of way by necessity; (2) that the north branch and Big Safford creelc are public highways at common law for the floating of logs and timber; (3) that the north branch has been declared a public highway by the statutes of this state. The case was tried by a referee, who found that the defendants were not…
2Cases cited2 opinions
- Matter of BurnsNew York Court of Appeals · 1898
- In re ThomsonNew York Supreme Court · 1895
3Cited by9 opinions
- Grice v. Clearwater Timber Co.Idaho Supreme Court · 1911
- People v. HillmanNew York Court of Appeals · 1927
- O'Tier v. SellAppellate Division of the Supreme Court of the State of New York · 1929
- Rockefeller v. LamoraAppellate Division of the Supreme Court of the State of New York · 1903
- Fulton Light, Heat & Power Co. v. StateNew York Court of Claims · 1909
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