Sayre v. . State
New York Court of Appeals
Appeal from award of the Board of Claims, made June 22, 1888, upon a claim for damages to claimant’s farm, caused by the defective construction by the state of a canal embankment. From May 17, 1830, to January 9, 1846, Matthew Sayre, the father of the claimant, owned certain land at Horseheads, Chemung county, consisting of 138 acres.
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Appeal from award of the Board of Claims, made June 22, 1888, upon a claim for damages to claimant’s farm, caused by the defective construction by the state of a canal embankment. From May 17, 1830, to January 9, 1846, Matthew Sayre, the father of the claimant, owned certain land at Horseheads, Chemung county, consisting of 138 acres. In or about the year 1832, the state constructed the Chemung canal through such land, and about the same time constructed near to it a feeder for such canal through coarse gravel about thirty feet higher than the canal where it passes through such land. When the…
1Opinion of the CourtEarl, J.
It is not claimed on the part of the state that any portion of the -claimant’s damages is barred by the Statute of Limitations, and hence he was entitled to an award for all the damages he proved. He claims that injustice was done ■him in the amount awarded, and a careful examination of the-case has led us to the conclusion that his complaint is well grounded.
The jurisdiction of this court upon appeals from the Board' of Claims is regulated by the act, chapter 507 of the Laws of 1887, which authorizes such appeals “ upon questions of law only arising upon the hearing of the claim, or upon the…
2Cases cited1 opinion
- White v. . MillerNew York Court of Appeals · 1879
3Cited by11 opinions
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- Davis v. StateIdaho Supreme Court · 1917
- Reisert v. . City of New YorkNew York Court of Appeals · 1903
- Kelley Lumber Co. v. Otselic Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Benedict v. SliterNew York Supreme Court · 1894
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