Nightingale v. State

At the close of claimants’ evidence the Court of Claims dismissed the claims in both of these actions, mainly because the claimants did not prove any negligence upon the part of the State officials in charge of the Barge Canal.

The claims are for damages to real estate during the years 1938 and 1939 “ due to the overflow and flooding of the claimants’ property caused by the waters of Lansing Kill Creek,” such creek being used in the operation of the Barge Canal, and are based upon acts which, if performed by a private person, would have given rise to an action for trespass. (McKee v. D. & H.…