Ostrander v. . State of New York
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the third judicial department, entered Hay 5, 1908, which affirmed a judgment in favor of plaintiff entered upon a decision of the Court of Claims. The nature of the claim and the facts, so far as material, are stated in the opinion. The judgment of the Court of Claims must be supported by its findings of fact or fall, and the findings here do not support the judgment.
Read the full summary
Cross-appeals from an order of the Appellate Division of the Supreme Court in the third judicial department, entered Hay 5, 1908, which affirmed a judgment in favor of plaintiff entered upon a decision of the Court of Claims. The nature of the claim and the facts, so far as material, are stated in the opinion. The judgment of the Court of Claims must be supported by its findings of fact or fall, and the findings here do not support the judgment. (O’Donnell v. City of Syracuse, 184 N. Y. 1; Crowley v. State, 112 App. Div. 872; Stone v. State, 138 N. Y. 124.) The state is liable on the facts…
1Opinion of the CourtHiscock, J.
The claimant filed a claim against the state for the sum of $2,025, damages claimed to have been sustained from flooding of waters negligently permitted to escape from a canal feeder in the county of Genesee.
On the trial it was in substance found that his damages resulted only in part from such flooding, the balance of his injury being caused by heavy rains, and a judgment was rendered in his favor in the sum of $240.
Heither party is satisfied with the result. The claimant insists that all of his damages were caused by the escape of waters from the feeder. The state claims that there was no…
2Cases cited3 opinions
- Oberlander v. . SpiessNew York Court of Appeals · 1871
- Spencer v. . State of New YorkNew York Court of Appeals · 1907
- Yaw v. . StateNew York Court of Appeals · 1891
3Cited by11 opinions
- Smith v. . State of New YorkNew York Court of Appeals · 1915
- Jacobs v. SteinbrinkAppellate Division of the Supreme Court of the State of New York · 1934
- Stokes v. StokesAppellate Division of the Supreme Court of the State of New York · 1908
- State v. WrightIndiana Court of Appeals · 1928
- Carhart v. StateNew York Court of Claims · 1908
6 more not listed; retrieve them via the Exa API.