
    Charles Ragone, Respondent, v. The State of New York, Appellant.
    (Submitted September 29, 1926;
    decided October 19, 1926.)
    
      State — claim for damage to building and contents from being struck by motor truck belonging to State and driven by its employee while engaged in canal work — section 47 of Canal Law sufficiently broad to authorize award though accident not on canal lands.
    
    
      Ragone v. State of New York, 211 App. Div. 573, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 7, 1925, affirming a judgment in favor of plaintiff, entered upon an award of the Court of Claims. The claim was for damages to plaintiff’s building and its contents caused by the building being struck by a motor truck belonging to the State, engaged in work connected with the canals and driven by an employee of the State. The accident did not occur on canal lands but it was held that the provisions of section 47 of the Canal Law were sufficiently broad to permit an award.
    Judgment affirmed, with costs;
    
      Albert Ottinger, Attorney-General (Frederick D. Colson of counsel), for appellant.
    
      James F. Martin for respondent.
   no opinion.

Concur: Hiscock, Ch. J., Crane, Andrews and Lehman, JJ.

Dissenting: Cardozo, Pound and McLaughlin, JJ.  