Attorney General v. Cohoes Co.

Citations

• 6 Paige Ch. 133
• 1836 N.Y. LEXIS 226
• 1836 N.Y. Misc. LEXIS 47

Syllabus

<p>Where the C. C. without authority or licence from the canal commissioners, commencedcutting through the embarkment of the Erie canal, with theavowed intention of drawing water therefrom for the supply of mills, and the superintendant attested to an information, which alleged that the embankment was a necessary work to maintain the elevation of the water in the canal, and that the contemplated encroachment might deprive the canal of its necessary supply of water; and the answer of the C. C., put in under oath, admitted the encroachment but denied that it would deprive the canal of its necessary supply of water; a motion to dissolve the injunction restraining the defendants from making such encroachment was denied.</p> <p>Chancery has jurisdiction to restrain any purpresture, or unauthorized appropriation of the public property to private uses, which may amount to a public nuisance or may injuriously affect or endanger the public interest ; and where public officers who have charge of public works, believe that a contemplated encroachment will prove injurious to such works, private persons should not be permitted to make such encroachment contrary to law, upon a mere opinion although supported by oath that the encroachment would not be injurious to the public.</p>