The New York State Reporter, volume 44

Cover The New York State Reporter, volume 44
The New York State Reporter, volume 44
New York (State). Court of Appeals, New York (State). Supreme Court, New York (State). City Court (New York)
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The water from the canal filled the basin and thence floweij into the dry-dock. The only means of communication between the canal and the dry-dock was through the basia The bridge maintained across the basin was at one time an ele- vated one, at another a draw-bridge, and after that a swing-bridge which had been erected by the claimant with the consent of the stata In the spring of 1886, for reasons satisfactory to the state, it removed the swinff-bridge and erected in its place a stationary br
...idge at the same level as the tow-path.
At that time the claimant had a canal boat lying in the basin and one in the drjr-dock, and by reason of the construction of the said stationary bridge he was unable to move said boats from said basin and dry -dock and lost the use thereof. It appeared from the evidence that the reason why the boats could not be moved was that the bridge was constructed before the opening of navigation and when there was no water in the canal.
The court further found that at the time of constructing said bridge the assistant superintendent of public works told the claim- ant that he (claimant) could erect a suitable bridge that would meet the requirements of the state and permit the use of his prop- erty, if he wished, and when he did so the stationary bridge would be removed, and that the claimant did not avail himself of that privilege Upon such facts the court found that there was no liabilitiy upon the part of the state.


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