Heacock Berry v. . State of New York
New York Court of Appeals
Appeal from a decision of the Board of Claims made March 14,1885, which affirmed an award of “nothing” made by the canal appraisers upon a claim presented for damages to the claimants’ salt works, alleged to have been sustained by acts unon the part of the canal officers in the work of enlargement of the Oswego canal.
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Appeal from a decision of the Board of Claims made March 14,1885, which affirmed an award of “nothing” made by the canal appraisers upon a claim presented for damages to the claimants’ salt works, alleged to have been sustained by acts unon the part of the canal officers in the work of enlargement of the Oswego canal. The alleged acts causing injury were done in and prior to 186L The claim, was presented in 1871. The particulars of the claim, as well as the material facts, are stated in the opinion, The State was guilty of culpable negligence, such as would render an individual liable, under…
1Opinion of the CourtFinch, J.
In all our review of canal legislation we have invariably recognized the broad distinction between the claims referred to and provided for in the Revised Statutes, (Part 1, tit. 9, chap. 9, §§ 46, 48) and those covered by the act of 1870 (Chap. 321). The former related to a permanent appropriation to the use of the State in the process of construction or improvement, and which would presumably continue while the canals existed. The latter embraced injuries resulting from the canals or their use or management or the negligence of the officers in charge. (Marks v. The State, 97 N. Y. 572;…
2Cases cited2 opinions
- Mark v. . the StateNew York Court of Appeals · 1885
- People Ex Rel. Merriam v. SchoonmakerNew York Court of Appeals · 1855
3Cited by9 opinions
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- Reed v. . the StateNew York Court of Appeals · 1888
- People v. . FisherNew York Court of Appeals · 1908
- Calvert v. AndersonMontana Supreme Court · 1925
- In re StewartDistrict Court, N.D. New York · 1910
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