Sipple v. . the State
New York Court of Appeals
Appeal from an award made by the board of claims, May 23, 1884, awarding to respondent $600 for damages to his lands by reason of a break in the Erie canal. The facts are sufficiently stated in the opinions. No negligence on the part of the State was shown for which it can be made liable.. (O’Brien v. Cantwell, 59 Barb. 497; Nicholson v. Erie R. Co., 41 N. Y. 525; Sherman v. W. T. Co., 62 Barb. 150; Victory v. Baker, 61 N. Y. 356.) Negligence will never be presumed.
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Appeal from an award made by the board of claims, May 23, 1884, awarding to respondent $600 for damages to his lands by reason of a break in the Erie canal. The facts are sufficiently stated in the opinions. No negligence on the part of the State was shown for which it can be made liable.. (O’Brien v. Cantwell, 59 Barb. 497; Nicholson v. Erie R. Co., 41 N. Y. 525; Sherman v. W. T. Co., 62 Barb. 150; Victory v. Baker, 61 N. Y. 356.) Negligence will never be presumed. (Sherman v. W. T. Co., 41 N. Y. 525.) The State is not liable for the negligent acts or conduct of the lock-tenders. (Lewis v.…
1Opinion of the Court
It must be conceded that the State can be made liable for injuries arising from the negligence of its agents or servants, only by force of some positive statute assuming such liability. (Lewis v. The State, 96 N.Y. 71.) It is claimed by the respondent that such an assumption has been made by section 1, chapter 321, Laws of 1870. This gives authority to the board of claims "to hear and determine all claims against the State of any and all persons and corporations, for damages alleged to have been sustained by them from the canals, or from their use and management, or resulting or arising from…
2Cases cited2 opinions
- Lewis v. . the StateNew York Court of Appeals · 1884
- Wohlfahrt v. . BeckertNew York Court of Appeals · 1883
3Cited by39 opinions
- Ferdinand v. Agricultural Ins. Co. of Watertown, NYSupreme Court of New Jersey · 1956
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- Riddoch v. StateWashington Supreme Court · 1912
- Murdock Parlor Grate Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1890
- Litchfield v. . BondNew York Court of Appeals · 1906
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