Legal Opinion

Empire State Railroad v. State

New York Court of Claims

Decided October 18, 1928No. Claim No. 2495-APublished

1Opinion of the CourtGibson, J.

This claim was filed by Empire United Railways, Inc., and upon a stipulation reciting that the interest of the said corporation had passed to Empire State Railroad Corporation an order was made on Feburary 24, 1919, substituting the latter as party claimant. By a stipulation dated September 4, 1928, the issues were submitted to the Court of Claims as now constituted for determination.

The claim is for the flooding of the roadbed and tracks of claimant’s predecessor in March and April, 1914, by the waters of Onondaga lake by reason of “ the raising by the State of the height of the dam across…

2Cases cited7 opinions

  1. Huse v. GloverSupreme Court of the United States · 1886
  2. Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
  3. Lehigh Valley R.R. Co. v. . Canal BoardNew York Court of Appeals · 1912
  4. Lehigh Valley Railroad v. Canal BoardAppellate Division of the Supreme Court of the State of New York · 1911
  5. Ely v. . State of New YorkNew York Court of Appeals · 1910

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