Slavin v. . State
New York Court of Appeals
Appeal by claimant from an alleged insufficient award of the Board of Claims made in his favor April 13, 1894, in a claim for damages alleged to have been sustained by him from the negligence of the state in the management of the Champlain canal. The facts, so far as material, are stated in the opinion.
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Appeal by claimant from an alleged insufficient award of the Board of Claims made in his favor April 13, 1894, in a claim for damages alleged to have been sustained by him from the negligence of the state in the management of the Champlain canal. The facts, so far as material, are stated in the opinion. The claimant having proved the damages to be more than the amount of the claim filed, and there being no contradictory proof, was entitled to an award for the full amount of the claim. (Sayre v. State, 123 N. Y. 291.) The true measure of damages in this class of cases is the difference between…
1Opinion of the Court
Andrews, Ch. J.
The jurisdiction of this court on appeals from the Board of Claims is defined by chap. 507 of the Laws of 1887, and is confined to a review “ upon questions of law only, arising upon the hearing of a claim, or upon the excess or insufficiency of such award or order.” Where the appeal is taken as in this case by a claimant, on the ground of the insufficiency of the award, this court cannot interfere unless upon the unoontradieted evidence, affected by no question of credibility, the award was inadequate, or where in ascertaining the damages the hoard adopted a wrong principle,…
2Cases cited1 opinion
- Barrick v. . SchifferdeckerNew York Court of Appeals · 1890
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- American Smelting & Refining Co. v. Riverside Dairy & Stock FarmCourt of Appeals for the Eighth Circuit · 1916
- Bronxville Palmer, Ltd. v. StateAppellate Division of the Supreme Court of the State of New York · 1971
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