Legal Opinion

Splittorf v. . State of New York

New York Court of Appeals

Decided January 17, 1888PublishedCited by 44 opinions

Appeal from decision of the Board of Claims, made March 9, 1887, dismissing a claim by appellant for damages for the death of her intestate William H. Splittorf, alleged to have been caused by the negligence of the officers of the state having charge of its canals, in failing to properly close and secure a swing-bridge on its lands. The material facts are stated in the opinion.

1Opinion of the Court

Huger, Ch. J.

The plaintiff’s intestate was drowned at West Troy, by walking off the tow-path of a side-cut running to the Hudson river, from the Erie canal, and falling into a channel connecting the canal with the Mohawk basin, an adjunct thereof. At the place of the accident the tow-paths on either side of the channel were connected with each other by a swing-bridge, built by the state for the purpose of affording a safe passage over the channel for teams and horses, employes, drivers and persons having occasion to use it in the prosecution of the business of navigating the canal. This…

2Cases cited5 opinions

  1. Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
  2. Board of Education v. AremanNew York Court of Appeals · 1977
  3. Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
  4. Lewis v. . the StateNew York Court of Appeals · 1884
  5. Sipple v. . the StateNew York Court of Appeals · 1885

3Cited by44 opinions

  1. People v. Westchester County National BankNew York Court of Appeals · 1921
  2. Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
  3. Riddoch v. StateWashington Supreme Court · 1912
  4. Murdock Parlor Grate Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1890
  5. Munro v. . State of New YorkNew York Court of Appeals · 1918

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