Kinzer Construction Co. v. State
New York Court of Claims
Action by the Kinzer Construction Company against the State of New York.
1Opinion of the CourtRodenbeck, J.
The. claimant made a .contract with the state of New York to construct 3.76 miles of the improved Champlain Canal which is a part of the so-called Barge Canal system of the state now in progress of construction; and while the work was in progress, .and claimant was excavating for one of the locks, an extensive cave-in occurred, which revealed the fact that for the balance of the contract the earth was of a “slippery greasy clay,” with not sufficient resistency to permit of the construction according to the contract, plans, and .specifications of the lock and substantially the remainder of the…
2Cases cited46 opinions
- The J. E. RumbellSupreme Court of the United States · 1893
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Dexter v. . NortonNew York Court of Appeals · 1871
- Jones v. United StatesSupreme Court of the United States · 1878
- Stewart v. . StoneNew York Court of Appeals · 1891
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3Cited by14 opinions
- Straus v. KazemekasSupreme Court of Connecticut · 1924
- Bissell v. L. W. Edison Co.Michigan Court of Appeals · 1967
- Cosden Oil & Gas Co. v. MossSupreme Court of Oklahoma · 1928
- Patch v. Solar CorporationCourt of Appeals for the Seventh Circuit · 1945
- City of New York v. Local 333, Marine Division, International Longshoremen's Ass'nAppellate Division of the Supreme Court of the State of New York · 1981
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