Wheelock v. Young
New York Supreme Court
This was an action of trespass, tried at the Albany circuit in September, 1827, before the Hon. William A. Dueej then one of the circuit judges. The trespass complained of was the entering upon the lands of the plaintiff with waggons and carts, and taking and carrying away large quantities of Cobble stones.
Read the full summary
This was an action of trespass, tried at the Albany circuit in September, 1827, before the Hon. William A. Dueej then one of the circuit judges. The trespass complained of was the entering upon the lands of the plaintiff with waggons and carts, and taking and carrying away large quantities of Cobble stones. Young, one of the defendants, was an engineer in the employment of the canal commissioners in the construction of the Northern Canal, and had the superintendance of that portion of it which passe¿ through the plaintiff’s farm. The stone were wanted for the building of slope walls in the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question presented by this bill of exceptions is whether the “ act respecting navigable communications between the great western and northern lakes and the Atlantic ocean” is constitutional. The third section authorizes the canal commissioners, by themselves or their agents, “ to enter upon, take possession of and use all and singular any lands, waters and streams necessary for the prosecution of the improvements intended by this act, and to make all such canals, feeders dykes, locks, dams and other works and devices as they may think proper for making said…
2Cited by19 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Buffalo Bayou, Brazos & Colorado Railroad v. FerrisTexas Supreme Court · 1863
- Northeastern Gas Transmission Co. v. CollinsSupreme Court of Connecticut · 1952
14 more not listed; retrieve them via the Exa API.