Meneely v. Kinser Construction Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, George Meneely, for a reargument of an appeal by the defendant from a judgment in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 8th day of May, 1908, upon the verdict of a jury for $450, and also from an order entered in said clerk’s office on the 7th day of May, 1908, denying the defendant’s motion for a new trial made upon the minutes. (See 128 App. Div. 799.)
1Opinion of the Court
Smith, P. J.:
This motion seems to he made upon two grounds; the first, that the court, in its original decision, was in error in assuming that the act of the ¡State in obstructing this stream was lawful and, therefore, liability for any damage rested with the State and not with the con-, tractor. If this assumption be unwarranted, a reargument should he granted. We are not satisfied, however, that the assumption was not properly made. It is true that where land is appropriated by the State, or where structures or waters are appropriated, a map has to be filed and notice has to be served upon…
2Cases cited1 opinion
- Van Alstine v. BeldenAppellate Division of the Supreme Court of the State of New York · 1899