Legal Opinion

Eason v. State of New York

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

Decided June 13, 1952No. Claim No. 30008; Claim No. 30009PublishedCited by 9 opinions

1Opinion of the CourtBergan, J.

On July 19 and 20, 1948, a State highway maintenance crew near Mariaville dumped three loads of dry grass and other material cut from the shoulders of highways in a pile fifteen to twenty feet long and six to eight feet in width and height. The pile was placed in an open area twenty to twenty-five feet west of the pavement of the road. It is not clear whether the site was on State or private land but it was in a place contiguous to. the highway.

In the afternoon of July 20th the crew set fire to the material which burned through the night. The next day about noon the claimant Charles Eason,…

2Cases cited4 opinions

  1. Collentine v. City of New YorkNew York Court of Appeals · 1938
  2. Boylhart v. DiMarco & Reimann, Inc.New York Court of Appeals · 1936
  3. Long v. City of DunkirkNew York Court of Appeals · 1932
  4. Mysliwiec v. W. Lowenthal Co.Appellate Division of the Supreme Court of the State of New York · 1952

3Cited by9 opinions

  1. Carrera v. StateAppellate Division of the Supreme Court of the State of New York · 1967
  2. Bushey v. StateAppellate Division of the Supreme Court of the State of New York · 1952
  3. San Giacomo v. StateAppellate Division of the Supreme Court of the State of New York · 1971
  4. Lam v. Board of Education of Central Islip Union Free School District No. 13Appellate Terms of the Supreme Court of New York · 1965
  5. Merritt-Chapman & Scott Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1976

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