Legal Opinion · Dissent

Brooks v. State

Appellate Division of the Supreme Court of the State of New York

Decided September 10, 1919Published

Appeal by the claimant, William B. Brooks, from a judgment of the Court of Claims, entered in the office of the clerk of said court on the 11th day of October, 1917, dismissing his claim.

1Dissent

Woodward, J. (dissenting):

The record in this case shows that “ This claim is for damages arising from the changing and altering the grade of a roadway in front of and abutting on the. premises hereinafter mentioned by raising a mound of earth, dike and embankment along the river front in the month of May, 1913, and continuing thereafter during the year 1913 at Minetto ” by the State of New York “ while engaged in the enlargement of the Oswego canal under chapter 147 of the Laws of 1903 of the State of New York, whereby claimant’s premises are now below the established and existing grade of…

2Cases cited4 opinions

  1. Matter of Grade Crossing Comrs. of BuffaloNew York Court of Appeals · 1913
  2. Warner v. StateAppellate Division of the Supreme Court of the State of New York · 1909
  3. Burmaster v. StateAppellate Division of the Supreme Court of the State of New York · 1919
  4. Warner v. . the State of New YorkNew York Court of Appeals · 1912

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