Carroll v. State
New York Court of Claims
The claimant was the occupant of a house on Spring street in the city of Rome, front the rear of which there were back steps, the lower tread of which was about two feet from the westerly end of a sluiceway owned by the State" located upon State property and which was four feet wide and three and one-half feet deep,' and at the time of the accident was uncovered and had two and one-half feet of water in it.
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The claimant was the occupant of a house on Spring street in the city of Rome, front the rear of which there were back steps, the lower tread of which was about two feet from the westerly end of a sluiceway owned by the State" located upon State property and which was four feet wide and three and one-half feet deep,' and at the time of the accident was uncovered and had two and one-half feet of water in it. On August 2, 1909, the claimant was descending the back steps of her house and when she reached the second step became dizzy and was unable to control herself and stumbled and fell into…
1Opinion of the CourtRodekbeck, J.
The claimant was the occupant of a house on Spring street in the city of Rome.. Spring street runs north and south and parallel with the Black River canal. Lock No. 2 of this canal is east of the house and a distance of about sixty feet from the rear. Between the wall of the lock and the house runs a waste weir to carry water around the lock from the upper to the lower level. This weir was about four feet wide and three and one-half feet deep, planked on the bottom and sides and having timbers at intervals extending from one side to the other for braces. The water ran swiftly and was about…
2Cases cited13 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Swords v. . EdgarNew York Court of Appeals · 1874
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Cusick v. . AdamsNew York Court of Appeals · 1889
- Palmer v. . DearingNew York Court of Appeals · 1883
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