Legal Opinion
Robinson v. . Chamberlain
New York Court of Appeals
Decided January 5, 1866PublishedCited by 93 opinions
1Opinion of the Court
The only question in this case is, whether an action will lie against a contractor, employed by the State, pursuant to law, to keep a portion of the canals in proper condition and repair, who neglects his duty, whereby the plaintiff sustains special damage.
It is a familiar doctrine, that, "when a corporation or individual is bound to repair a public highway or navigable river, they are liable to indictment for the neglect of their duty. (Per NELSON, J., in The People v. The Corporation ofAlbany (11 Wend., 539).
A navigable river is a public highway: our canals, open and free to all for…
2Cases cited3 opinions
- Lansing v. SmithNew York Supreme Court · 1828
- Garlinghouse v. . JacobsNew York Court of Appeals · 1864
- Fish v. DodgeNew York Supreme Court · 1862
3Cited by93 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Hover v. BarkhoofCommission of Appeals · 1870
- Mattson v. AstoriaOregon Supreme Court · 1901
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
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