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LOW v. STATE OF NEW YORK

281 A.D. 309 (1953)

A. Augustus Low, Individually and as Administrator with the Will Annexed of Abbott A. Low, Deceased, et al., Respondents, v. State of New York, Appellant. (Claim No. 30361.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 11, 1953.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Henry S. Manley of counsel), for appellant.

Theodore Cross and Francis C. Steates for respondents.

BERGAN, COON, HALPERN and IMRIE, JJ., concur.

FOSTER, P. J.

Abbot Augustus Low (hereafter called Low, Sr.) owned a considerable tract of land in St. Lawrence and Hamilton Counties. In 1903 he built a dam across the Bog River in St. Lawrence County, near Hitchin's Pond, and created a reservoir of some 3,000 acres. The extreme westerly end of the reservoir flooded some land in Hamilton County, about thirty acres the testimony indicates, which he did not own...

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