Donahue v. . State of New York
New York Court of Appeals
Appeal from award of the Board of Claims made June 16, 1887, which allowed nothing to the claimant upon a claim for injuries received by falling into a feeder of the Champlain canal in the city of Cohoes. The material facts are stated in the opinion. The locus in quo having been used and occupied as such for more than twenty years is a public highway. (2 B. S. [5th ed.] 405, § 135; Porter v. Village of Attica, 20 N. Y. Week.
Read the full summary
Appeal from award of the Board of Claims made June 16, 1887, which allowed nothing to the claimant upon a claim for injuries received by falling into a feeder of the Champlain canal in the city of Cohoes. The material facts are stated in the opinion. The locus in quo having been used and occupied as such for more than twenty years is a public highway. (2 B. S. [5th ed.] 405, § 135; Porter v. Village of Attica, 20 N. Y. Week. Dig. 224.) The acquiescence of the state for so long a time in the public use of the street amounted to a license or permission, and imposed a duty upon the state to…
1Opinion of the CourtGray, J.
The appellant filed a claim against the state for personal injuries, received from a fall into a feeder of the Champlain canal running through Cohoes. This feeder had been constructed by the state many years ago, and runs from the Mohawk river, until it empties into the canal; along side of which it runs for some one hundred and eighty feet. It is covered with timbers and planks, upon which earth is laid to the depth of several feet. These timbers, in consequence of decay, gave way and the claimant fell through into the feeder. Its surface has heen made use of for more than twenty years by…
2Cases cited2 opinions
- Burbank v. . FayNew York Court of Appeals · 1875
- Splittorf v. . State of New YorkNew York Court of Appeals · 1888
3Cited by21 opinions
- Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
- Deshong v. . City of New YorkNew York Court of Appeals · 1903
- Panunzio v. StateAppellate Division of the Supreme Court of the State of New York · 1943
- Peasley v. StateNew York Court of Claims · 1980
16 more not listed; retrieve them via the Exa API.