People v. Page
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Albany county. Injunction by the people of the state of Hew York against Edward H. Page. Appeal by the defendant from a judgment entered upon the decision of the trial term, enjoining the defendant from proceeding with the construction of a dam in the most southerly channel or sprout of the Mohawk river, below the state dam, and between the mainland and the island commonly known as Hemstreet’s, or Simmons’, or Page’s island, and directing the…
Read the full summary
Appeal from trial term, Albany county. Injunction by the people of the state of Hew York against Edward H. Page. Appeal by the defendant from a judgment entered upon the decision of the trial term, enjoining the defendant from proceeding with the construction of a dam in the most southerly channel or sprout of the Mohawk river, below the state dam, and between the mainland and the island commonly known as Hemstreet’s, or Simmons’, or Page’s island, and directing the defendant to remove the structure or dam or such part thereof as has been already built or placed in said river by him; also…
1Opinion of the CourtMerwin, J.
The defendant claims title to the bed of the stream across which he has built his dam. His appropriation is permanent, and for his individual benefit solely. He owns the adjacent lands. The stream is the southwestern or outermost branch of the mouth of the Mohawk. There are several branches or sprouts through which the Mohawk finds its way to the Hudson, and it may be inferred from the evidence that at the time of the original grant to Van Rensselaer, in 1685, the southwest branch was one of the main branches, if not the main branch, of the river at that locality, and that there was no doubt…
2Cases cited13 opinions
- The MontelloSupreme Court of the United States · 1874
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Morgan v. . KingNew York Court of Appeals · 1866
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- The People v. . VanderbiltNew York Court of Appeals · 1863
8 more not listed; retrieve them via the Exa API.