Smith v. . State of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 12, 1914, affirming a determination of the Board of Claims in favor of the claimant. The nature of. the claim and the facts, so far as material, are stated in the opinion. The decision was made by a commissioner who took no part in the trial and was not a member of the Board of Claims at the time of the trial.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 12, 1914, affirming a determination of the Board of Claims in favor of the claimant. The nature of. the claim and the facts, so far as material, are stated in the opinion. The decision was made by a commissioner who took no part in the trial and was not a member of the Board of Claims at the time of the trial. It is well settled that a case cannot he tried by one judge and decided by another. (Belmont v. Ponvert, 3 Robt. 693, 696.) The court which tried the case is required…
1Opinion of the CourtCardozo, J.
The claim is for the damages which the wife and children of Christopher Smith have suffered through his death. The state is chai'ged with having caused his death by its negligent maintenance of a bridge over the Erie canal. There have been two trials. The first, before the Court of Claims, resulted in a determination in favor of the state. The Appellate Division reversed that determination, and ordered another hearing (151 App. Div. 811). The second trial was before the newly constituted Board of Claims. The evidence was heard by Commissioner Luce, the chairman of the board, and Commissioners…
2Cases cited8 opinions
- People Ex Rel. Swift v. . LuceNew York Court of Appeals · 1912
- Smith v. . GeigerNew York Court of Appeals · 1911
- Ostrander v. . State of New YorkNew York Court of Appeals · 1908
- Spencer v. . State of New YorkNew York Court of Appeals · 1907
- Ventimiglia v. . EichnerNew York Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Tuxedo Conservation & Taxpayers Ass'n v. Town BoardNew York Supreme Court · 1978
- Feldman v. Board of Pharmacy of Dist. of ColumbiaDistrict of Columbia Court of Appeals · 1960
- Metropolitan Board of Zoning Appeals v. Froe Corp.Indiana Court of Appeals · 1965
- State v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Jacobs v. SteinbrinkAppellate Division of the Supreme Court of the State of New York · 1934
16 more not listed; retrieve them via the Exa API.