Cary Brick Co. v. Fidelity & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Fidelity and Casualty Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 30th day of July, 1913, upon the decision of the court after a trial before the court without a jury.
1Opinion of the Court
The following is the opinion delivered at Special Term:
Van Kirk, J.:
The plaintiff is engaged in manufacturing brick from clay at its plant known as Newton Hook, N. Y. The Newton Hook property and plant adjoins the Hudson river on its east bank or shore. In 1902 the plaintiff constructed a canal from the Hudson river, a navigable stream, across its lands to its storehouse and docks. This canal is some 1,500 or 1,600 feet long. Through this canal the plaintiff has been accustomed to and does carry much of its fuel and supplies for the plant, and conveys away the greater part of its manufactured…
2Cases cited1 opinion
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
3Cited by2 opinions
- Claim of Jaabeck v. Theodore A. Crane's Sons Co.New York Court of Appeals · 1924
- Longwell Lumber & Building Co. v. Maryland Casualty Co.New York Supreme Court · 1932