Halfmoon Bridge Co. v. . Canal Board
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 1, 1914, which modified and affirmed as modified an order of Special Term granting defendants leave to serve a supplemental answer on the condition, amongst others, that they pay to appellant the sum of $1,500 as an “ allowance ”in addition to taxable costs and expenses theretofore accrued in the action.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 1, 1914, which modified and affirmed as modified an order of Special Term granting defendants leave to serve a supplemental answer on the condition, amongst others, that they pay to appellant the sum of $1,500 as an “ allowance ”in addition to taxable costs and expenses theretofore accrued in the action. The order of the Appellate Division relieves the defendants from payment of this sum, and that court has certified to us the question: “Had the court at Special…
1Opinion of the CourtHiscock, J.
The appellant was the owner and operator of a toll bridge spanning the Mohawk river between points within that section of the said river which is to be canalized for the purposes of the barge canal. The plans adopted by the state for the construction of such canal involved the destruction of appellant’s bridge, and in 1910, in accordance with said plans, the canal board served upon the appellant a certificate by which it undertook to appropriate the toll house and lands owned by the latter on either side of the river,' and by which was asserted the claim that the Barge Canal Act did not…
2Cases cited10 opinions
- Lehigh Valley R.R. Co. v. . Canal BoardNew York Court of Appeals · 1912
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- John D. Park & Sons Co. v. HubbardNew York Court of Appeals · 1910
- Spears v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1878
- Lehigh Valley Railroad v. Canal BoardAppellate Division of the Supreme Court of the State of New York · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rudiger v. . ColemanNew York Court of Appeals · 1920
- City of Jamestown v. AikenAppellate Division of the Supreme Court of the State of New York · 1924
- Halfmoon Bridge Co. v. Canal BoardNew York Supreme Court · 1915
- Collins v. Central Trust CoNew York Supreme Court · 1929
- Jensen v. Union Railway Co.New York Court of Appeals · 1932
3 more not listed; retrieve them via the Exa API.