Chisholm v. . State
New York Court of Appeals
Appeal from an award of the Board of Claims made December 29, 1891, in favor of the claimant. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an award of the Board of Claims made December 29, 1891, in favor of the claimant. The facts, so far as material, are stated in the opinion. There is-, no evidence in the case tending to show that the state was. negligent in respect to the claimant, or that the negligence of the state caused or contributed to the injury complained, of, (Bedlow v. N. Y. F. D. D. Co., 112 N. Y. 263.) There was. no proof offered by which the Board of Claims could find that the claimant was free from negligence contributing to the injuries complained of, even assuming that the state was negligent.…
1Opinion of the CourtBartlett, J.
This appeal is taken by the state of New York from an award made by the Board of Claims in favor of the claimant for personal injuries sustained May 21st, 1889.
The claimant at the time of the accident was a resident of the town of Whitestown in the county of Oneida. For several years prior to 1889 a public highway leading from Yorkville to New York Mills in said town was carried over the Erie ■canal on a bridge constructed and maintained by the state.
In the spring of 1889 the state removed the bridge and replaced it with one made of iron. This new. bridge was six or eight feet wider than the…
2Cases cited2 opinions
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
- Weston v. . City of TroyNew York Court of Appeals · 1893
3Cited by48 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Traub v. DinzlerNew York Court of Appeals · 1955
43 more not listed; retrieve them via the Exa API.