Gibney v. . State
New York Court of Appeals
Appeal from judgment in favor of tlie claimant entered upon an award made by the Board of Claims April 13, 1892. The nature of the claim and the facts, so far as material, are stated in the opinion. The liability of the state to he determined in this claim must be based upon the same rules and principles as though this were an action against an individual or a corporation.
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Appeal from judgment in favor of tlie claimant entered upon an award made by the Board of Claims April 13, 1892. The nature of the claim and the facts, so far as material, are stated in the opinion. The liability of the state to he determined in this claim must be based upon the same rules and principles as though this were an action against an individual or a corporation. (Laws of 1870, chap. 321, § 1; Laws of 1883, chap. 205, § 13; Sipple v. State, 99 N. Y. 284; Bowen v. State, 108 id. 166; Splittorf v. State, Id. 213.) The claimant failed to prove negligence on the part of the state.…
1Opinion of the Court
Andrews, Ch. J.
We have decided on the appeal brought, from the award of damages for the death of the infant son of the plaintiff, that the evidence authorized a finding of negligence on the part of the state authorities in permitting the opening in the bridge, through which the boy fell into the canal, to remain unguarded, and also the further finding that-there was no contributory negligence on the part of the parents of the child, and we therefore affirmed the award. The present appeal is from an award made for damages sustained by the widow and next of kin, arising from the drowning of…
2Cases cited1 opinion
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
3Cited by50 opinions
- Wagner v. International Railway Co.New York Court of Appeals · 1921
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Corbin v. PhiladelphiaSupreme Court of Pennsylvania · 1900
- Chattanooga Light & Power Co. v. HodgesTennessee Supreme Court · 1902
- Maryland Steel Co. v. MarneyCourt of Appeals of Maryland · 1898
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