Condon v. State

This is a motion to dismiss the claim herein upon the ground that the claim does not state a cause of action against the State of New York.

The claim alleges that claimant sustained injuries while he was lawfully on the barge Ira T. Bushey on October 24, 1936, by being struck by the lift bridge which extended over the Erie canal at Spencerport, N. Y., while the barge was proceeding on the Erie canal under the said lift bridge; that the injuries were sustained by reason of the carelessness and negligence of the agents, servants and employees of the State of New York in direct charge and control…