Legal Opinion

Kalonczyk v. State

New York Court of Claims

Decided February 21, 1936No. Claim No. 24072Published

1Opinion of the CourtBarrett, P. J.

Claimant’s intestate, a boy seven years of age, was drowned on June 19, 1935, between two and two-thirty o’clock in the afternoon in the Champlain canal, where it passes through the town of Waterford, and about opposite a house occupied by one O’Meara and his family, and this claim is presented by his father, as administrator, for damages as a result of his death. The O’Meara home fronts on Canal street, which street does not appear from the evidence to have been formally dedicated as a public highway, but which appears to have been used for public purposes for a period of thirty years. The…

2Cases cited6 opinions

  1. White v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1917
  2. Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
  3. Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
  4. Adams v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
  5. Hooper v. Johnstown, Gloversville & Kingsboro Horse-RailroadNew York Supreme Court · 1891

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