First Construction Co. v. . State of New York
New York Court of Appeals
Cross-appeals from a judgment of the. Appellate Division of the Supreme Court in the third judicial department, entered February 2, 1916, unanimously affirming an award of the Board of Claims. Because of the retirement before decision of two members of the court who heard the original argument, a re-argument of the appeal was had. The facts, so far as material, are stated in the opinion.
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Cross-appeals from a judgment of the. Appellate Division of the Supreme Court in the third judicial department, entered February 2, 1916, unanimously affirming an award of the Board of Claims. Because of the retirement before decision of two members of the court who heard the original argument, a re-argument of the appeal was had. The facts, so far as material, are stated in the opinion. The several acts under which the claimants assert title do not grant or confer any ownership or interest in the lands under water appropriated, but were enacted only as the exercise of the state’s control of…
1Opinion of the Court
Hiscock, Ch. J.
By proper proceedings the state appropriated for Barge canal purposes a considerable tract of land situate at the border of and within Gowanus bay, Long Island. The claimant as grantee and assignee of the estate of one Beard asserting its ownership of 1,744,274.51 square feet of the land appropriated and of the crib and pile pier located thereon, filed a claim for upwards of $3,000,000 for the lands appropriated and consequential damages to adjacent lands not appropriated. The lands asserted by the claimant to belong to it and which were thus appropriated included a small strip…
2Cases cited25 opinions
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
- People v. California Fish Co.California Supreme Court · 1913
- The Binghamton BridgeSupreme Court of the United States · 1866
- New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
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3Cited by33 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- Irwin v. KleinNew York Court of Appeals · 1936
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- Waterford Electric Light, Heat & Power Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1924
- Rock Island Coal Mining Co. v. GilliamSupreme Court of Oklahoma · 1923
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