In re Thomson
New York Supreme Court
Appeal from special term. . Application by Lemon Thomson and others to float logs and timber down the Moose river and its branches and over lands in townships Nos. 7 and 1, Brown’s Tract, town of Wilmurt, Herkimer county, of which Julia L. De Camp and Ela N. Merriam, as sole surviving executor of the last will and testament of Lyman R. Lyon, deceased, are the owners and persons interested.
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Appeal from special term. . Application by Lemon Thomson and others to float logs and timber down the Moose river and its branches and over lands in townships Nos. 7 and 1, Brown’s Tract, town of Wilmurt, Herkimer county, of which Julia L. De Camp and Ela N. Merriam, as sole surviving executor of the last will and testament of Lyman R. Lyon, deceased, are the owners and persons interested. From an order denying defendant’s motion to dismiss the petition and appointing a referee to hear and determine the issues raised by the petition and answer, Julia L. De Camp appeals.
1Per curiam
This proceeding was instituted mr’er the provisions of the condemnation law (Code Civ. Proc. c. 23, tit. 1) to condemn and acquire a right, privilege, and easement to float logs, pulp wood, and timber over the defendant’s lands, down and through the Moose river and its branches, as they flow across township 7 and the north half of township 1, John Brown’s tract, town of Wilmurt, N. Y., together with the right, privilege, and easement to make all necessary improvements by way of removing *468any obstructions that may exist in said" river and its branches, such as removing snags, blasting stones,…
2Cases cited2 opinions
- Matter of Poughkeepsie Bridge CompanyNew York Court of Appeals · 1888
- Matter of City of BuffaloNew York Court of Appeals · 1876
3Cited by15 opinions
- N. Ward Co. v. Street CommissionersMassachusetts Supreme Judicial Court · 1914
- Erie County Water Authority v. Western New York Water Co.Appellate Division of the Supreme Court of the State of New York · 1953
- De Camp v. . DixNew York Court of Appeals · 1899
- In re CaffreyAppellate Division of the Supreme Court of the State of New York · 1900
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1905
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