Legal Opinion

Everett v. State

New York Court of Claims

Decided February 8, 1938No. Claim No. 23815PublishedCited by 2 opinions

1Opinion of the CourtGibbs, J.

The claim is one to recover damages for the death of claimants’ intestate. While driving his automobile out of a village parking lot in Albion, N. Y., at about eleven o’clock p. m., the claimants’ intestate drove over the south wall of the Barge canal and was drowned.

The Barge canal intersects Main street in the village of Albion at right angles. There is a roadway, occasionally referred to as Dock street, which runs easterly from Main street between the Barge canal on the north and the Burrows Block on the south. This roadway makes a sharp southerly turn between the Burrows Block and an old…

2Cases cited7 opinions

  1. Martin v. HerzogNew York Court of Appeals · 1920
  2. Splittorf v. . State of New YorkNew York Court of Appeals · 1888
  3. McNulty v. Ludwig & Co.Appellate Division of the Supreme Court of the State of New York · 1912
  4. Donahue v. . State of New YorkNew York Court of Appeals · 1889
  5. Giminski v. IrvingAppellate Division of the Supreme Court of the State of New York · 1924

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3Cited by2 opinions

  1. Sloat v. TurnerNevada Supreme Court · 1977
  2. State v. CaseNew York Supreme Court · 1976

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