Legal Opinion

Borden v. State

New York Court of Claims

Decided October 15, 1920No. Claim No. 16140PublishedCited by 4 opinions

Claim for damages resulting from defective culvert.

1Opinion of the CourtCunningham, J.

The claimant was the owner and occupant of a farm located along the highway constructed and improved by the state, leading from Utica to Frankfort. On his premises was a large barn used for livestock and hay. Just northerly of the barn was a culvert under the highway, the length or span of which was less than five feet. The culvert permitted a small, natural stream of water, which flowed northerly across claimant’s premises, to pass under the highway. In September, 1918, the capstone or top of the culvert fell in and sank down into the stream. This created a hole in the road surface. A state…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Smith v. . State of New YorkNew York Court of Appeals · 1920
  2. Whitney v. . Town of TiconderogaNew York Court of Appeals · 1891
  3. Winchell v. Town CamillusAppellate Division of the Supreme Court of the State of New York · 1905
  4. Bowman v. . Town of ChenangoNew York Court of Appeals · 1920
  5. Gould v. . BoothNew York Court of Appeals · 1876

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Logan v. StateNew York Court of Claims · 1937
  2. Ortalano v. StateNew York Court of Claims · 1934
  3. King v. StateNew York Court of Claims · 1922
  4. Belair v. StateAppellate Division of the Supreme Court of the State of New York · 1925

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