Ely v. . State of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 8, 1909, affirming a judgment in favor of defendant 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.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 8, 1909, affirming a judgment in favor of defendant 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 state is liable to the claimant for the damage caused him by reason of the flash boards being placed upon the Phoenix dam in 1901 and 1902, by reason of which the water in the Oneida river set back, overflowed the claimant’s premises and destroyed his crops. (People v. Fisher, 190 N. Y.…
1Opinion of the CourtHaight, J.
On the 31st day of May, 1903, the plaintiff, George Burke Ely, filed a claim against the state for damages alleged to have been sustained by him during the years 1901 and 1902, by reason of flash boards placed upon the dam across the Oswego river at Phoenix, 27. Y., by order of the commissioner of public works, thereby causing the water of that river and that of the Oneida river to overflow the lands of the plaintiff located on Oneida river at what is known as Big Bend, thus destroying his crops and meadows. It appears from the findings of the Court of Claims that the Oneida river and the…
2Cases cited8 opinions
- Hammond v. . ZehnerNew York Court of Appeals · 1860
- Marcly v. . ShultsNew York Court of Appeals · 1864
- People v. . FisherNew York Court of Appeals · 1908
- Eckerson v. . CrippenNew York Court of Appeals · 1888
- Heacock Berry v. . State of New YorkNew York Court of Appeals · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Taylor v. State of New YorkNew York Court of Appeals · 1951
- Burt Olney Canning Co. v. . StateNew York Court of Appeals · 1921
- Caflisch v. Clymer Power Corp.New York Supreme Court · 1925
- Watters v. Anamosa-Oxford Junction Light & Power Co.Supreme Court of Iowa · 1918
- Empire State Railroad v. StateNew York Court of Claims · 1928
1 more not listed; retrieve them via the Exa API.