MARTIN v. STATE


280 A.D. 846 (1952)

Augustus Martin et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 29443.) Beatrice M. Kelley, Respondent, v. State of New York, Appellant. (Claim No. 29479.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 13, 1952.


Claimants in the first above-entitled action also appeal on the ground of inadequacy. The two claims were tried and decided together, an award being made to claimants in the first action for $3,500, and to claimant in the second action for $1,200. The claims are predicated upon the theory that the State was negligent in the manner in which it constructed and maintained a highway and two bridges intended to permit the waters of Johns Brook to flow under the highway, and in...

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