Legal Opinion

Maloney v. State of New York

New York Court of Appeals

Decided July 3, 1957No. Claim 31319PublishedCited by 17 opinions

1Opinion of the CourtVan Voorhis, J.

The widow of a State employee filed a claim against the State of New York in the Court of Claims to recover damages for conscious pain and suffering and for the alleged wrongful death of her husband, who was fatally injured in an accident on New York State derrick barge 2A, a nonpropelled boat, used in the repair and maintenance of the State canal system. The claim was filed under section 688 of title 46 of the United States Code, known as the Jones Act. The Court of Claims, after trial, found that the underlying accident and liability were maritime in character, dependent upon negligence and…

2Cases cited9 opinions

  1. Hans v. LouisianaSupreme Court of the United States · 1890
  2. Ex Parte State of New York, No. 1Supreme Court of the United States · 1921
  3. Principality of Monaco v. MississippiSupreme Court of the United States · 1934
  4. Smith v. . State of New YorkNew York Court of Appeals · 1920
  5. Barrett v. . State of New YorkNew York Court of Appeals · 1917

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3Cited by17 opinions

  1. Werner v. State of New YorkNew York Court of Appeals · 1981
  2. Cunningham v. StateNew York Court of Appeals · 1983
  3. Cepeda v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1987
  4. Lyons v. TEXAS a & M UNIVERSITYCourt of Appeals of Texas · 1976
  5. Percy v. BrennanDistrict Court, S.D. New York · 1974

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