People ex rel. Peck v. Canal Board

By the Court :

The claim of the relator was presented to the canal auditors for damages alleged to have been caused by the officers of the State in opening the gates of an aqueduct to save the bants of the canal. It was one of the ordinary cases which by provision of statute may be heard by the canal appraisers. It was 'heard by the canal appraisers and they refused to award anything to the relator, holding that no legal liability was proved against the State and that the damages complained of were not caused by any negligence on the part of the State.

The relator thereupon appealed to the…