New York Telephone Co. v. State — 218 N.Y. 738

Majority

p. 738

New York Telephone Company, Respondent and Appellant, v. The State of New York, Appellant and Respondent.

Headnote

N. Y. Telephone Co. v. State of New York, 169 App. Div. 310 , , affirmed.

(Argued June 5, 1916;

decided July 11, 1916.)

Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 19, 1915, upon an order which reversed a determination of the Board of Claims dismissing the plaintiff’s claim for the value of a telephone line claimed to have been appropriated by the state in the construction of the barge canal and directed judgment awarding damages therefor.

p. 739

T. Harvey Ferris, Charles T. Russell, John A. Delehanty, Arnold W. Sherman and C. R. Dewey for plaintiff, respondent and appellant.

Egburt E. Woodbury, Attorney-General (Joseph P. Coughlin of counsel), for defendant, appellant and respondent.

Judgment affirmed, without costs; no opinion.

Concur: Willard Bartlett, Oh. J., Chase, Collin, Hogan, Oardozo and Seabury, JJ. Dissenting: CUDDEBAOK, J. •