Sundstrom 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 February 13, 1914, modifying and affirming as modified a determination of the Board of Claims. The nature of the claim and the facts, so far as material, are stated in the opinion. The claimants were entitled to recover damages resulting from leakage and overflows from the old Champlain canal.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 13, 1914, modifying and affirming as modified a determination of the Board of Claims. The nature of the claim and the facts, so far as material, are stated in the opinion. The claimants were entitled to recover damages resulting from leakage and overflows from the old Champlain canal. (Sipple v. State, 99 N. Y. 284; Reed v. State, 108 N. Y. 407; Mansfield v. N. Y. C. &H. R. R. R. Co., 102 N. Y. 205; Del Genovese v. Third Ave. R. R. Co., 13 App. Div. 412; 162 N. Y. 614;…
1Opinion of the CourtCardozo, J.
The claimants are the contractors for the construction of a section of the barge canal. Their contract is identified as contract No. 3. They have filed a claim for damages against the State on the ground that through its fault they have been subjected to increased expense. Their claim was in part sustained and in part rejected by the Board of Claims. Cross-appeals to the Appellate Division resulted. In that court the award was modified to the extent that it was appealed from by the State, and affirmed to the extent that it was appealed from by the claimants. The case as it comes here brings…
2Cases cited2 opinions
- Horgan v. Mayor of New YorkNew York Court of Appeals · 1899
- Reed v. . the StateNew York Court of Appeals · 1888
3Cited by21 opinions
- United States v. SpearinSupreme Court of the United States · 1918
- Nicholas Di Menna & Sons, Inc. v. City of New YorkNew York Court of Appeals · 1950
- Weston v. State of New YorkNew York Court of Appeals · 1933
- Brasher v. City of AlexandriaSupreme Court of Louisiana · 1949
- Cauldwell-Wingate Co. v. StateNew York Court of Appeals · 1938
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