Rockwell v. State
New York Court of Claims
1Opinion of the CourtRichard S. Heller, J.
This claim seeks to recover for damages to a building alleged to have resulted from water flowing from a State highway. Claimant owned and occupied a house and barn located on the east side of a State highway known as Route No. 46 which runs generally in a north-south direction from the City of Oneida in Madison County.
Route No. 46 was originally constructed as a State highway in 1915 and the roadway was widened and resurfaced in 1933. There has been no change in the elevation of the highway other than from the resurfacing since it was originally constructed.
A driveway leads from the State…
2Cases cited4 opinions
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Fox v. City of New RochelleNew York Court of Appeals · 1925
- Anchor Brewing Co. v. Village of Dobbs FerryNew York Supreme Court · 1895
- Smith v. City of AuburnAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Nolan v. CarrNew York Supreme Court · 1959