Cross v. Pace

PINE, District Judge.

Plaintiffs, who are citizens of the United States, own real property in the State of New York adjoining the south shore of Lake Ontario. By reason of the rising water level of the lake, their property and the properties of many others similarly situated, have been flooded and greatly damaged. Plaintiffs attribute the rise in the water level of the lake to the effects of a dam in the St. Lawrence River, many miles downstream. This dam, known as the Gut Dam, was built in 1903, nearly fifty years ago. It extends some 700 feet between two islands lying in the St. Lawrence…