Legal Opinion

Excelsior Ins. Co. of N.Y. v. State of New York

New York Court of Appeals

Decided October 17, 1946No. Claim. 25112; Claim 25113; Claim 25114PublishedCited by 62 opinions

1Opinion of the CourtFuld, J.

On the night, of February 19, 1936, Francis Flood, an eighteen-year-old moron, ran away, or, as it is technically termed, “ eloped ” from the Wassaic State School in Amenia, New York, a public institution for the care and treatment of mental defectives, where he had been for about four months. Coming to a lumberyard in nearby. Dover Plains, he entered an unlocked barn owned by Anthony Wathley, one of the claimants in this case. Since it was sub-zero weather and he was thinly clad, he kindled a fire in a bucket, using matches and cellophane which he had taken with him and pieces of straw which…

2Cases cited12 opinions

  1. Martindale v. StateNew York Court of Appeals · 1935
  2. Shattuck v. StateNew York Court of Claims · 1938
  3. Weihs v. StateAppellate Division of the Supreme Court of the State of New York · 1943
  4. Shattuck v. StateAppellate Division of the Supreme Court of the State of New York · 1938
  5. Jones v. StateAppellate Division of the Supreme Court of the State of New York · 1943

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3Cited by62 opinions

  1. Evangelical United Brethren Church v. StateWashington Supreme Court · 1965
  2. Schrempf v. StateNew York Court of Appeals · 1985
  3. Williams v. State of New YorkNew York Court of Appeals · 1955
  4. Cansler v. StateSupreme Court of Kansas · 1984
  5. Sebastian v. State of NYNew York Court of Appeals · 1999

57 more not listed; retrieve them via the Exa API.

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