Legal Opinion

Watervliet Hydraulic Co. v. State

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

Decided March 7, 1917PublishedCited by 1 opinion

Appeal by the defendant, the State of New York, from an order and determination of the Board of Claims in favor of the claimant, entered in the office of the clerk of said board on the 22d day of April, 1915.

1Opinion of the Court

Kellogg, P. J.:

At Dunsbach Ferry, near the city of Watervliet, the plaintiff, the shore owner and its predecessors, had maintained a dam across the Mohawk river since about 1876, and had used the water therefrom for power purposes in supplying the city with water. On July 26, 1911, the State, for the purposes of the Barge canal, appropriated part of the real estate on either *9side of the river, and any rights claimant may have in the waters at said dam, and has made the river a part of the Barge canal, with the result that the surface of the water at that point will he several feet higher than…

2Cases cited6 opinions

  1. Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
  2. Burbank v. . FayNew York Court of Appeals · 1875
  3. Williams v. . City of UticaNew York Court of Appeals · 1916
  4. Niagara County Irrigation & Water Supply Co. v. College Heights Land Co.Appellate Division of the Supreme Court of the State of New York · 1906
  5. Rodee v. City of OgdensburgAppellate Division of the Supreme Court of the State of New York · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Watervliet Hydraulic Co. v. StateNew York Court of Claims · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API