Silsby Manufacturing Co. v. State of New York
New York Court of Appeals
Appeal from a decision of the board of claims March 14, 1886, awarding the claimant nothing, on a claim for damages alleged to have been sustained by reason of an unlawful diversion by the State of the waters of Seneca river. The material facts are stated in the opinion.
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Appeal from a decision of the board of claims March 14, 1886, awarding the claimant nothing, on a claim for damages alleged to have been sustained by reason of an unlawful diversion by the State of the waters of Seneca river. The material facts are stated in the opinion. In the absence of evidence to the contrary, the claimant, as riparian owner, is entitled to the natural flow of water in the Seneca river past its premises, without interference from State, corporation or individual. (Chenango Bridge Co. v. Paige, 83 N. Y. 178; Smith v. City of Rochester, 92 id. 463.) There was no warrant for…
1Opinion of the CourtPeckham, J.
The claimant, a manufacturing corporation, located at Seneca Falls, filed its claim against the defendant, in substance alleging itself to be a riparian owner of land adjoining the Seneca river or an 'island therein known as Dey’s Island, and upon which it had erected valuable buildings, and that it was the owner of valuable water power and hydraulic rights by means of a water-way called Dey’s race, and that it employed this water power as a motor to propel its machinery in its buildings. It was further alleged that the State maintained and operated a ‘canal known as the Cayuga and Seneca…
2Cases cited3 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Chenango Bridge Co. v. . PaigeNew York Court of Appeals · 1880
- Sipple v. . the StateNew York Court of Appeals · 1885
3Cited by20 opinions
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
- Waterloo Woolen Manufacturing Co. v. ShanahanNew York Court of Appeals · 1891
- Capruso v. Village of Kings PointNew York Court of Appeals · 2014
- Meruk v. . City of New YorkNew York Court of Appeals · 1918
- Joseph Schlitz Brewing Co. v. ComptonIllinois Supreme Court · 1892
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