Legal Opinion

Cooper v. State

New York Court of Claims

Decided April 15, 1918No. 15150PublishedCited by 5 opinions

Claim for damages caused by the overflow of the waters of the Barge canal and the Mohawk river in the town of Frankfort, Herkimer county.

1Opinion of the CourtCunningham, J.

The claimant during the year 1917 was the owner of a farm in the town of Frankfort, Herkimer county. The Mohawk river bounds a thirty-acre parcel of the farm on the north.. The New York Central Railroad embankment and tracks extend generally parallel with this thirty-acre parcel and the Mohawk river, and lie to the north of the latter. Northerly of the New York Central tracks is an extensive, level, swampy area,, and northerly of said area, and running generally parallel with the railway tracks, is the Barge canal. Two culverts pierce the railway embankment, one circular, five feet by seven…

2Cases cited5 opinions

  1. O'Donnell v. . City of SyracuseNew York Court of Appeals · 1906
  2. Stone v. . StateNew York Court of Appeals · 1893
  3. Carhart v. StateAppellate Division of the Supreme Court of the State of New York · 1906
  4. Warner v. StateAppellate Division of the Supreme Court of the State of New York · 1909
  5. Gordon v. Ellenville & Kingston RailroadAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by5 opinions

  1. Harter v. StateNew York Court of Claims · 1919
  2. Bauer v. StateNew York Court of Claims · 1919
  3. Holland-Dale Garden Co. v. StateNew York Court of Claims · 1920
  4. Montezuma Garden Co. v. StateNew York Court of Claims · 1926
  5. Montezuma Garden Co. v. StateNew York Court of Claims · 1923

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