Legal Opinion

Kibbee v. Lyons

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 1922PublishedCited by 2 opinions

1Opinion of the Court

Van Kirk, J.:

On this appeal the ultimate question is whether or not the proposed abandonment of the canal in the lumber district at Albany *564is illegal. The decision involves the Barge Canal Act and an amendment thereof in' 1921.

In the Barge Canal Act (Laws of 1903, chap. 147, § 3) is the following: “ The route of the Erie canal as improved shall be as follows: Beginning at Congress street, Troy, and passing up the Hudson river to Waterford; thence to the westward through the branch north of Peoble’s island and by a new canal and locks reach the Mohawk river above Cohoes Falls; * * After…

2Cases cited3 opinions

  1. Sweet v. . City of SyracuseNew York Court of Appeals · 1891
  2. People Ex Rel. N.Y.C., Etc., R.R. Co. v. . WalshNew York Court of Appeals · 1914
  3. People ex rel. Jordan v. WotherspoonNew York Supreme Court · 1916

3Cited by2 opinions

  1. Knorr v. BeardsleySupreme Court of Iowa · 1949
  2. Tos v. State of CaliforniaCalifornia Court of Appeal · 2021

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