Legal Opinion
In re Burns
Appellate Division of the Supreme Court of the State of New York
Decided April 10, 1897PublishedCited by 3 opinions
Appeal from special term, Jefferson county. Petition by James W. Burns for the appointment of commissioners to assess damages to riparian owners on Roaring brook, under Laws 1896, c. 338. The petition was granted, and certain landowners appeal. Reversed.
1Opinion of the CourtHardin, P. J.
Chapter 338 of the Laws of 1896 is entitled, viz.:
“An act declaring ‘Roaring brook,’ in the town of Martinsburgh, in the county of Lewis, a public highway, and providing means for the assessment of damages to riparian owners thereof.”
The act contains the following language:
“Section 1. Roaring brook, in the town of Martinsburgh, in the county of Lewis, from its junction with Black river to the headwaters of said brook, in said town of Martinsburgh, is hereby declared to be, and is hereby, constituted a public highway, for the purpose of floating logs, timber and lumber 'down said stream.
“See.…
2Cases cited9 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Embury v. . ConnerNew York Court of Appeals · 1850
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- People Ex Rel. McLean v. FlaggNew York Court of Appeals · 1871
- In Re Deansville Cemetery Ass'n to Acquire Title to Lands of MillerNew York Court of Appeals · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- De Camp v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1897
- New York ex rel. New York State Department of Environmental Conservation v. Federal Energy Regulatory CommissionCourt of Appeals for the Second Circuit · 1992
- State v. Federal Energy Regulatory CommissionCourt of Appeals for the Second Circuit · 1992