Legal Opinion

Montezuma Garden Co. v. State

New York Court of Claims

Decided October 15, 1923No. Claim No. 14138Published

1Opinion of the CourtMorschauser, J.

The claimant presented a claim against the state alleging that certain crops which it had growing upon its premises were in September, 1915, damaged and destroyed as a result of the overflow and leakage of water from the Erie canal and new Barge canal by reason of the negligent operation of its canal on the part of the state in the construction and maintenance of said Erie and Barge canals, and in the operation of lock No. 52 of said Erie canal just west of the village of Port Byron, Cayuga county, resulting in the overflowing of its banks and causing said waters to be thrown over and upon…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. O'Donnell v. . City of SyracuseNew York Court of Appeals · 1906
  2. Cooper v. StateNew York Court of Claims · 1918

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