Benedict v. . State of New York
New York Court of Appeals
Appeal from a decision of the board of claims made March 11, 1885, which affirmed an award of “ nothing ” made by the canal appraisers upon a claim for damages to lands alleged to have been sustained from the overflow thereon of the waters of the Black river, which overflow was caused by a dam erected in said river by the State pursuant to chapter 151, Laws of 1864. Before the appraisers no objection or question was made or raised in any manner as to any informality in or of…
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Appeal from a decision of the board of claims made March 11, 1885, which affirmed an award of “ nothing ” made by the canal appraisers upon a claim for damages to lands alleged to have been sustained from the overflow thereon of the waters of the Black river, which overflow was caused by a dam erected in said river by the State pursuant to chapter 151, Laws of 1864. Before the appraisers no objection or question was made or raised in any manner as to any informality in or of the claim filed or any defects or insufficiency thereof in or as to the allegations or want of allegations or…
1Opinion of the CourtBrown, J.
By repeated adjudications of this court it has been established that chapter 321, of the Laws of 1870, does not confer new jurisdiction to hear claims against the state for the taking of a fee in lands or for the appropriation of a continuous and permanent easement therein for canal purposes, and that the act named was intended to supplement and extend existing jurisdiction by adding authority to hear and determine new cases for which existing legislation afforded no remedy. (Marks v. State, 97 N. Y. 572; Heacock v. State, 105 id. 246; Stewart v. State, Id. 254.)
The cases that fall generally…
2Cases cited1 opinion
- Mark v. . the StateNew York Court of Appeals · 1885
3Cited by7 opinions
- Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
- New York Central & Hudson River Railroad v. StateAppellate Division of the Supreme Court of the State of New York · 1899
- In re HuieNew York Supreme Court · 1953
- In re GillespieAppellate Division of the Supreme Court of the State of New York · 1936
- Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
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