Schloop v. State

This is a claim for damages to claimant’s property alleged to have been sustained by waters overflowing Oneida Lake, in about the second and/or third week of April, 1955. The exact date is unknown. Oneida Lake and its outlet Oneida River are part of the Barge Canal System.

Around the period alleged, the waters of Oneida Lake did overflow claimant’s lands and caused damage in the sum of $611. The question is one of liability.

Damages resulting from a public improvement, such as a canal, effected under legislative authority, are not recoverable in the absence of trespass or negligence, and the…