McDonald v. . State
New York Court of Appeals
Appeal from final orders of the Board of Claims, made September 11, 1889, awarding the claimants nothing. In April, 1881, the state built an iron bridge over the Champlain canal in the village of Fort Ann. The planks of each panel were supported by eight pine stringers, three inches thick and eleven and one-half inches wide, resting on needle beams.
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Appeal from final orders of the Board of Claims, made September 11, 1889, awarding the claimants nothing. In April, 1881, the state built an iron bridge over the Champlain canal in the village of Fort Ann. The planks of each panel were supported by eight pine stringers, three inches thick and eleven and one-half inches wide, resting on needle beams. The ends or bearings of the stringers were but ten inches in width, and in September of that year they were, in some of the panels, reduced to five inches in width so as to diminish the grade of the bridge. It was testified in behalf of the state…
1Opinion of the Court
Follett, Oh. J.
Oliver Thomas, who reduced the bearings of the stringers, was called as a witness in behalf of the state, and was asked: “ Q. How, with what you did to these stringers of this bridge, did you leave it, in your judgment, safe for the ordinary uses of a highway bridge ? Objected to on the ground that the witness is not shown competent to give an opinion with reference to the bridge, and it is immaterial whether, in his judgment, he left it safe or not.” This objection was overruled, the claimants excepted, and the witness answered that he did. In effect, the witness was permitted…
2Cases cited1 opinion
- Hughes v. County of MuscatineSupreme Court of Iowa · 1876
3Cited by2 opinions
- Millie v. Manhattan Railway Co.New York Court of Common Pleas · 1895
- In Re the Guardianship of CoburnCalifornia Court of Appeal · 1909