Stevens v. State
New York Court of Claims
Claim against the State for damages alleged to have been sustained by the seepage of water through the bank of the Black river canal into claimant’s cellar.
1Opinion of the CourtRodenbeck, J.
The claimant owns property on the north side of the Black river canal consisting of a single and double frame house. Just west of the property is lock No. 2. There is a waste weir between the lock and the claim-*241amt’s premises used for the purpose of discharging waste water from the canal. It is claimed that the water seeped through the bank of the canal into the cellars of the two houses and also backed up through a box drain constructed by the State which connects the cellars with the waste weir. It appeared on the trial that whenever the lock was opened the water from the waste weir backed…
2Cases cited46 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Moore v. . FrancisNew York Court of Appeals · 1890
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Forster v. . ScottNew York Court of Appeals · 1893
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
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3Cited by3 opinions
- Brainerd v. StateNew York Court of Claims · 1911
- Reese v. StateNew York Court of Claims · 1947
- Volga Realty Corp. v. Chauncey Holt Co.Appellate Terms of the Supreme Court of New York · 1918