Empire State Railroad v. State

This claim is for damages against the state alleged to have been caused to the property of the claimant by the flooding thereof, resulting from the action of the state in raising the height of the Phoenix Dam in the Oswego river, and keeping the gates therein closed or partly closed in March and April, 1914. Such is the allegation in the claim. The notice of intention, however, contained the further allegation: “And said damages were caused, wholly or in part, by the interference by the State, by its works and structures, with the flow of water in said Oswego and Seneca rivers above said…