Legal Opinion

Mohawk Carpet Mills, Inc. v. State

New York Court of Claims

Decided February 21, 1940No. Claim No. 25201PublishedCited by 5 opinions

1Opinion of the CourtBarrett, P. J.

This claim was filed for damages alleged to have-resulted to claimant’s premises from the overflowing of the waters of the Barge canal, caused by the accumulation of ice in the canal. The claim was tried during the period between March 6, 1939, and June 1, 1939, and the case closed.

*320A sharply-contested issue was whether it would have been practicable to have prevented the flood by dynamiting an ice gorge that had formed in the canal. Upon this question experts gave widely divergent opinions.

This is a motion by claimant to reopen the case to permit claimant to offer the evidence of Henry N.…

2Cases cited6 opinions

  1. Stephens v. . FoxNew York Court of Appeals · 1881
  2. Asserson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1921
  3. Charles v. ScheibelAppellate Division of the Supreme Court of the State of New York · 1927
  4. Charles v. ScheibelNew York Supreme Court · 1926
  5. Oka v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1925

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3Cited by5 opinions

  1. Williams v. StateAppellate Division of the Supreme Court of the State of New York · 1982
  2. Mayer v. Manufacturers Trust Co.New York Supreme Court · 1958
  3. Cone Mills Corp. v. BeckerNew York Supreme Court · 1971
  4. In re the Village of HarborAppellate Division of the Supreme Court of the State of New York · 1966
  5. Getti v. StateNew York Court of Claims · 1954

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