Fulton L., H. P. Co. v. . State of N.Y.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 8, 1910, affirming a judgment in favor of plaintiffs entered upon an award of the Court of Claims. The facts, so far as material, are stated in the opinion. The Oswego river is a public navigable river and the question of the title to its bed is to be determined by the rules of law applicable to public navigable waters.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 8, 1910, affirming a judgment in favor of plaintiffs entered upon an award of the Court of Claims. The facts, so far as material, are stated in the opinion. The Oswego river is a public navigable river and the question of the title to its bed is to be determined by the rules of law applicable to public navigable waters. (People v. Vanderbilt, 26 N. Y. 287; Langdon v. Mayor, etc., 93 N. Y. 129; R. I. Co. v. Shultz, 116 N. Y. 382; People v. Tibbetts, 19 N. Y. 523; People v.…
1Opinion of the CourtGray, J.
The respondent company, as its name indicates, is a corporation, engaged in the business of manufacturing and supplying gas, electricity and steam, for producing light, heat and power, to the city of Fulton and to other cities, towns and villages. Its power plant and other properties, as affected by this litigation, are situated at the city of Fulton, on the easterly side of the Oswego river. Under the provisions of chapter 147 of the Laws of 1903, generally known as the Barge Canal Act, the state had appropriated certain of the land properties and riparian rights of the claimants and this…
2Cases cited13 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Morgan v. . KingNew York Court of Appeals · 1866
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- Burbank v. . FayNew York Court of Appeals · 1875
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3Cited by90 opinions
- United States v. CressSupreme Court of the United States · 1917
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
- Stewart v. . TurneyNew York Court of Appeals · 1923
- State ex rel. Dawson v. AkersSupreme Court of Kansas · 1914
- White v. Knickerbocker Ice Co.New York Court of Appeals · 1930
85 more not listed; retrieve them via the Exa API.