Rexford v. . State of New York
New York Court of Appeals
Appeal from a decision of the Board of Claims made June 25, 1884, which awarded the claimant above-named nothing upon a claim presented for damages for personal injuries sustained in the manner stated in the opinion. The Board of Claims had jurisdiction to audit and allow the claim in question.
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Appeal from a decision of the Board of Claims made June 25, 1884, which awarded the claimant above-named nothing upon a claim presented for damages for personal injuries sustained in the manner stated in the opinion. The Board of Claims had jurisdiction to audit and allow the claim in question. (Laws of 1870, chap. 321, § 1; Rosenfelaenter v. Roselle, 54 N. Y. 262 ; Rameley v. Leland, 43 id. 539 ; People v. McGlovn, 91 id. 250.) From the fact that the stone that fell upon the claimant had been loose at least a year before the accident, knowledge of its condition on the part of the State might…
1Opinion of the CourtFisch, J.
The plaintiff's demand against the State was dismissed by the Board of Claims as beyond its jurisdiction, and the correctness of that decision depends upon the meaning and construction of section 1 of the act of 1870. The State can only be sued by its own consent and for liabilities which it chooses to assume (People v. Dennison, 84 N. Y., 272, 281), and this has been expressly held where the cause of action alleged rested upon some misfeasance or nonfeasance. (Lewis v. The State, 96 N. Y.. 71). We are referred to no statute which permits a claim to be filed for such an injury as the claimant…
Also in this document: Dissent.
2Cases cited1 opinion
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
3Cited by10 opinions
- Munro v. . State of New YorkNew York Court of Appeals · 1918
- Locke v. . StateNew York Court of Appeals · 1894
- Zorn v. StateAppellate Division of the Supreme Court of the State of New York · 1899
- Glens Falls Insurance v. StateNew York Court of Claims · 1947
- Bowen v. . State of New YorkNew York Court of Appeals · 1888
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