Carhart v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Henry Carhart, from a judgment of the Court of Claims of the State of Hew York in favor of the claimant, bearing date the 16th day of October, 1905, and entered in the office of the clerk of said court on the ground of the insufficiency of the damages awarded. , The claimant was in 1901 the lessee of a farm through which ran Limestone creek, which runs under the Erie canal near Minoa, 1ST. Y., about one mile south of and above said farm.
Read the full summary
Appeal by the claimant, Henry Carhart, from a judgment of the Court of Claims of the State of Hew York in favor of the claimant, bearing date the 16th day of October, 1905, and entered in the office of the clerk of said court on the ground of the insufficiency of the damages awarded. , The claimant was in 1901 the lessee of a farm through which ran Limestone creek, which runs under the Erie canal near Minoa, 1ST. Y., about one mile south of and above said farm. The canal crosses said creek by means of an aqueduct, in which are maintained four large waste gates, which, when open, permit large…
1Opinion of the Court
Smith, J.:
The claimant insists, first, that the proof shows that the injury was entirely caused by the overflow r.esiilting from the negligent pouring of the water from the canal into the creek, and, again, even if the creek would otherwise have overflowed that the damage which he has sustained cannot be separated or apportioned — a part to the-natural overflow and a part to -the overflow caused by the negligence of the State.. He, therefore, claims that the State in any event is liable to him for all his damages. *3It is found as a fact by the trial court that apart from the waters which were…
2Cases cited7 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Burt v. . SmithNew York Court of Appeals · 1905
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Laitenberger v. StateNew York Court of Claims · 1947
- Burt Olney Canning Co. v. . StateNew York Court of Appeals · 1921
- Cooper v. StateNew York Court of Claims · 1918
- Carhart v. StateNew York Court of Claims · 1908
- Grein v. YohonNew York Supreme Court · 1918
7 more not listed; retrieve them via the Exa API.