Penn No. 5, Inc. v. State

Upon this motion for leave to file a late claim, pursuant to subdivision 5 of section 10 of the Court of Claims Act, the moving papers allege that on April 18, 1952, a tank barge owned by claimant collided with the bullnose of lock No. 5, Oswego Canal, Minetto, New York; that said collision was attributable to the negligent withdrawal of water from the canal into an adjacent powerhouse, owned and controlled by the Niagara Mohawk Power Corporation, which set up an excessive current into the powerhouse thereby deflecting the barge from her course and causing the collision; and that the flow of…