People Ex Rel. Jermain v. . Thayer
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term granting a peremptory writ of mandamus requiring the defendant as auditor of the canal department to issue his warrant for the payment of an award of the canal appraisers.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term granting a peremptory writ of mandamus requiring the defendant as auditor of the canal department to issue his warrant for the payment of an award of the canal appraisers. (Reported below, 4 Hun, 798.) The claim upon which the award was made was for damages alleged to have been done to claimant’s property prior to 1858 in the construction, alteration and repairing of the Oswego canal. It was presented under the act chapter 321, Laws of 1870, and within the time…
1Opinion of the CourtEarl, J.
The first objection made on behalf of the auditor •to the payment of the award is, that the canal appraisers had no jurisdiction to hear the claim, as it was filed more than twelve years after the injuries were done.
The claimant, before the canal appraisers, claipied that in the location and construction of the enlarged Oswego canal, .in the city of Oswego, the channel of the Oswego river was encroached upon and narrowed, and the prism of the channel reduced so as to cause a serious obstruction to the flow of water, in consequence of which the water was caused to set .back upon his property…
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- People v. . StephensNew York Court of Appeals · 1878