Legal Opinion

Locke v. . State

New York Court of Appeals

Decided January 16, 1894PublishedCited by 21 opinions

Appeal from an award of the Board of Claims, made September 12, 1893, which dismissed the claim of the claimant. This was a claim for damages for alleged negligence causing the death of Carson E. Locke, the claimant’s intestate. The facts, so far as material, are stated in the opinion.

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Appeal from an award of the Board of Claims, made September 12, 1893, which dismissed the claim of the claimant. This was a claim for damages for alleged negligence causing the death of Carson E. Locke, the claimant’s intestate. The facts, so far as material, are stated in the opinion. Claimant should be allowed damages for injuries received from the management of the canals, and damages from the conduct of those having charge-of canal, and from any accident, or other matter or thing connected with the canals. (Sipple v. State, 99 N. Y. 284; Rexford v. State, 105 id. 229 ; Y. C. N. Bank v.…

1Opinion of the CourtO’Brien, J.

In this case the Board of Claims dismissed the claim on the hearing upon the ground that a cause of action was not stated. It was alleged that the claimant’s intestate received certain injuries on the 16th of July, 1891, upon a canal boat, of which he subsequently died, through the neglect of agents or employees of the State, and that, as the widow and personal representative of the deceased, she was entitled to recover from the State the damages resulting from his death. The claimant’s case, as stated, discloses the following facts: That while her intestate on the day mentioned was engaged…

2Cases cited3 opinions

  1. Murdock Parlor Grate Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1890
  2. Lewis v. . the StateNew York Court of Appeals · 1884
  3. Rexford v. . State of New YorkNew York Court of Appeals · 1887

3Cited by21 opinions

  1. Smith v. . State of New YorkNew York Court of Appeals · 1920
  2. Munro v. . State of New YorkNew York Court of Appeals · 1918
  3. Tripee v. Port of New York AuthorityNew York Court of Appeals · 1964
  4. Miller v. Port of New York AuthoritySupreme Court of New Jersey · 1939
  5. Dietrich v. Palisades Interstate Park CommissionNew York Supreme Court · 1921

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