Ostrander v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant,, Charles Ostrander, from a judgment of the Court of Claims of the State of New York in favor of the claimant, entered in the office of the clerk of said court on the 15th day of January, 1906, on the ground of the insufficiency of the award.
1Opinion of the Court
Cochrane, J.:
The judgment in this case establishes the liability of the State because of an overflow of water on the land of the claimant in Genesee county in the year 1901, from a feeder constructed and maintained by the State in connection with the Erie canal. This appeal is because of the alleged insufficiency of the damages awarded.
The Court of Claims found as facts that farm products of the claimant “ were damaged by the combined waters of the feeder and the heavy rain, and the damage to said products and the property of claimant from said joint waters was in excess of the award herein…
2Cases cited1 opinion
- Crowley v. StateAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Carhart v. StateNew York Court of Claims · 1908
- Stevens v. StateNew York Court of Claims · 1909