Quayle v. State
Opinion of the Court
—Judgment unanimously reversed on the law, without costs of this appeal to either party, and claim dismissed, without costs. Memorandum: The State appeals from a judgment of the Court of Claims which awarded damages to claimant for injuries caused to her property by an overflow of the waters of Fulmer Creek on January 15, 1962. Liability was predicated upon the failure of the State to remove a rotted log and gravel from underneath the east span of a bridge which the State had taken over in 1959 pursuant to the provisions of section 230 of the Highway Law. The evidence shows and the trial court found that the bridge was designed in accordance with good engineering principles and practices. It consisted of two 33-foot spans supported at midstream by a concrete pier. About 10 days before the flood a period of warm weather thawed the ice and snow in the stream and on adjacent lands causing water and broken ice to flow downstream under the bridge into the Mohawk River. Thereafter, on January 7, extremely cold
Case-law data current through December 31, 2025. Source: CourtListener bulk data.