Robb v. State

This claim was filed to recover damages to claimant’s property due to seepage of the waters from the Barge canal operated by the State. The decision of this court awarding to the claimant the sum of $1,203 after the first trial of this claim was reversed by the Appellate Division, Fourth Department (251 App. Div. 786), because of a specific finding of fact that the level of the water in the claimant’s gravel pit was higher than the level of the water in the canal. A new trial was directed.

Upon the second trial testimony was admitted giving the results of tests made in 1939, subsequent to the…