Waterford Electric Light, Heat & Power Co. v. State
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the claimant, Waterford Electric Light, Heat and Power Company, and by the defendant, The State of New York, from a judgment of the Court of Claims, entered in the office of the clerk of said court on the 20th day of February, 1922, awarding compensation to the claimant for lands upon the Hudson river and riparian rights therein appropriated by the State for Barge canal purposes. The opinion of the Court of Claims is reported in Waterford El.
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Cross-appeals by the claimant, Waterford Electric Light, Heat and Power Company, and by the defendant, The State of New York, from a judgment of the Court of Claims, entered in the office of the clerk of said court on the 20th day of February, 1922, awarding compensation to the claimant for lands upon the Hudson river and riparian rights therein appropriated by the State for Barge canal purposes. The opinion of the Court of Claims is reported in Waterford El. L., H. & P. Co. v. State of New York (117 Misc. Rep. 480).
1Opinion of the Court
H. T. Kellogg, J.:
The claimant, prior to the year 1910, was the owner of both banks of the Hudson river at Van Schoenhoven rapids. These rapids were a short distance above Waterford, and were the first rapids in the Hudson river above the confluence of the Hudson and the Mohawk. There was here a natural drop of nine feet, distributed through a. distance of one-half mile. About four miles above there was a water power belonging to the Hudson River Power Transmission Company. The Van Schoenhoven rapids were susceptible of development to constitute a valuable water privilege. A dam erected at…
2Cases cited25 opinions
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
- United States v. CressSupreme Court of the United States · 1917
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Morgan v. . KingNew York Court of Appeals · 1866
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3Cited by22 opinions
- Federal Power Commission v. Niagara Mohawk Power Corp.Supreme Court of the United States · 1954
- People v. System Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
- People Ex Rel. Lehigh Valley Railway Co. v. State Tax CommissionNew York Court of Appeals · 1928
- Andrews v. State of New YorkNew York Court of Claims · 1959
- Parsons v. Department of TransportationNew York Supreme Court · 1973
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