Shannahan v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Maurice Shannahan, from a judgment of the Court of Claims in favor of the defendant, entered in the office of the clerk of the Court of Claims on the 14th day of December, 1899, upon the decision of the court;
1Opinion of the Court
Parker, P. J.:
This is an appeal from a decision of the Court of Claims, awarding judgment in favor of the State, and dismissing the claimant’s claim.
The claim made is for damages caused by the waters of Champlain canal overflowing its banks at what is known as the twelve-mile level, and injuring the claimant’s crops. It is brought under the provisions of section 37, chapter 338, Laws of 1894, and, as appears from the claim filed, is based upon the negligence of the parties in charge of such canal.
From a careful reading of the record before us, certain facts seem to be clearly established.
The…
2Cases cited2 opinions
- Sipple v. . the StateNew York Court of Appeals · 1885
- Cottrell v. Marshall InfirmaryNew York Supreme Court · 1893
3Cited by4 opinions
- Mendelson v. StateAppellate Division of the Supreme Court of the State of New York · 1926
- Greeley v. StateAppellate Division of the Supreme Court of the State of New York · 1904
- Crowley v. StateAppellate Division of the Supreme Court of the State of New York · 1904
- New England Brick Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1912