Warner v. State
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Josephine A. Warner, and. by the defendant, The State of New York, from a judgment of the Court of Claims of the- State of New York in favor of the claimant for $400, entered in the office of the clerk of said court on the 18th day of June, 1908.
1Opinion of the Court
Sewell, J.:
The claim was for damages occasioned by the construction of an embankment in the center of the highway in front of claimant’s premises, so as to enable the public to cross Fish creek by a bridge built by the State in the construction of the barge canal. The embankment is supported, by perpendicular concrete walls, varying from four to eight feet above the' former grade of the highway, and extending the' whole length of the street line of the claimant’s premises. The claimant owns no part of the soil of the highway, and between the retaining wall on the easterly side of the…
2Cases cited5 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
- Sipple v. . the StateNew York Court of Appeals · 1885
3Cited by11 opinions
- Morris v. City of IndianapolisIndiana Supreme Court · 1911
- Cooper v. StateNew York Court of Claims · 1918
- Waterloo Woolen Manufacturing Co. v. StateNew York Court of Claims · 1922
- City of Little Falls v. StateNew York Court of Claims · 1942
- O'Bryan v. StateNew York Court of Claims · 1910
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