Butterfield v. State

H. T. Kellogg, Acting P. J.:

The claimant’s intestate, Arthur O. Butterfield, on the morning of August 14, 1917, was found dead in the waters of lock No. 7 of the Barge canal located at Fort Edward, N. Y. The lock is three hundred and twenty feet long, forty-five feet wide, and twenty-eight feet deep. When the water in the lock is at low level it is twelve or fifteen feet deep, and when at high level twr6nty-four or twenty-five feet deep. The cement walls of the lock are vertical, except at the upper edges where they are rounded to the horizontal in a space of from three to seven inches.…