McDougall v. . State of New York
New York Court of Appeals
Appeal from an award of the Board of Claims made December 29, 1886. The claim was for damages for injuries to real and personal property of the claimant caused by the alleged negligence of the officers of the state in charge of the canals. The facts are sufficiently stated in the opinion.
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Appeal from an award of the Board of Claims made December 29, 1886. The claim was for damages for injuries to real and personal property of the claimant caused by the alleged negligence of the officers of the state in charge of the canals. The facts are sufficiently stated in the opinion. When the state, to a just claim, has no better or other defense than the statute of limitations, it should, at least, both upon the law and the facts, establish that defense with reasonable clearness and certainty. (Corkings v. State, 99 N. Y. 499; McMasters v. State, 103 id. 555.) It was competent for the…
1Opinion of the Court
Huger, Ch. J.
The claim of the appellant seems to have been a meritorious one in its origin, and, except for his inexplicable laches, would, from a consideration of its circumstances, naturally induce a court to afford relief, if it was in their power to grant.
We are, however, of the opinion, from a careful examination of the Constitution and statutes, that relief cannot legally be given to him. The claim was, in brief, for damages for injuries inflicted upon certain real and personal property "belonging to the claimant, through the negligence of the state officers in charge of the canals, by…
2Cases cited2 opinions
- Lewis v. . the StateNew York Court of Appeals · 1884
- Wheeler v. . RuckmanNew York Court of Appeals · 1873
3Cited by6 opinions
- Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
- Gates v. . StateNew York Court of Appeals · 1891
- O'Hara v. . State of New YorkNew York Court of Appeals · 1889
- People ex rel. Sudam v. MorganAppellate Division of the Supreme Court of the State of New York · 1899
- Roberts v. StateAppellate Division of the Supreme Court of the State of New York · 1898
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