Mayright v. State

Ackerson, P. J.:

It appears that these claimants owned about thirty-five acres of land in the town of Manlius, Onondaga county, N. Y.; that it was clay and muck land adjoining the Erie canal; that in the *683spring of 1922 they plowed and planted at least eight and three-fourths acres of this to peas, beans, oats and sweet corn; that these crops were practically all killed by seepage from the canal. There is practically no. controversy about these facts.

The State defends on two propositions: First, that the damages all accrued more than six months before the filing of the claim; second, that the…