128 N.Y. 221 | NY | 1891
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *224 If this claim might be disposed of upon its merits, there would be no difficulty in establishing the liability of the state in damages. The claimant was a mere laborer, in the employ of the state upon ordinary canal work, and when, in obedience to orders, he proceeded to labor upon the bridge, *226 he was not only inexperienced, but he was ignorant of its actual condition. He cannot be said to have assumed any of those risks which were incidental to such work from the existence of the serious defects in the bridge structure. He was entitled to believe that the place assigned to him for the performance of his work was an ordinarily safe one, and that his employers had no information concerning the risks attendant upon laboring there, which he did not possess himself, or which ordinary observation and prudence would not have revealed. The state, in submitting itself to the jurisdiction of a tribunal with respect to claims against it for damages sustained by reason of any accident occurring upon its canals, or connected with their care and management, subjected the determination of its liability to the government of those rules, which usually obtain in cases between the employer and the employed.
It is a cardinal rule of conduct in that relation that the former shall not expose the persons who are engaged in performing his work to unreasonable risks. They have the right to assume that where they are directed to work is as safe a place, as is compatible with the nature of the undertaking, and that their employer has not neglected any means in his power, or at his disposal, to render its performance reasonably free from danger to life and limb. While in work of an inherently dangerous nature the workman is ordinarily held to assume that certain risk which must attend upon its execution, that rule involves, and depends for its application upon the knowledge, or means of knowledge, upon the workman's part of the attendant peril to him. Such knowledge may be presumed to be possessed, by reason of previous employment and experience, or to be suggested by ordinary observation and appearances. If the workman is without experience in the particular work required of him, and if, as here, danger for him exists from causes not apparent, but which are known to his employers, I think it unquestionable in principle that an obligation should be deemed to rest upon them to communicate such information as would apprize the workman of the nature of the work, and of the possible risks in its execution. He *227 should be placed on a par, as nearly as possible, in such respects, with his employer. This duty is not only within the letter and spirit of the rules established by many decisions, but it is one which should be dictated by every consideration of prudence and of responsibility towards others.
But, however meritorious the claim here, the claimant's remedy against the state had ceased to exist, at the time of its submission to the Board of Claims, from the intervention of the general Statute of Limitations. Section 14 of article 7 of the Constitution prohibited the allowance of any claim which, as between citizens of the state, would be barred by lapse of time. It was, therefore, not within the powers of the legislature, by the passage of chapter
As the accident occurred in 1877, the bar of that statute would fall upon the lapse of three years.
The origin of the difficulty in the way of claimant's recovery was in his failure to comply with the requirements of the law in respect to filing his claim. Chapter
The state cannot be sued without its consent and it has the right, in authorizing the maintenance of proceedings for the recovery of claims against it, to impose such terms and conditions and to prescribe such procedure as its legislative body shall deem proper. The conditions imposed become jurisdictional facts and determine the status and right of the litigant. If we should hold that the mailing by a claimant of his claim, directed to the canal appraisers, was equivalent to a filing in the office, I think we should be disregarding the plain reading of the law and denying to the words of the statute their plain and usual force and significance.
When, under section 12 of chapter
The result reached is not, on general grounds, unjust. The claimant's remedy was lost by the failure to make use of means, from the very first moment available to him. There was in existence a tribunal, before which his claim could at all times have been prosecuted against the state. The omission to commence the proceeding in the mode and within the time pointed out by the act of 1870, which authorized such claims to be heard and determined, and the eventual lapse of the period of time limited by the general statute for the commencement of actions of that nature, operated to bar any recovery, when, by virtue of the act passed in 1886 for his relief, the Board of Claims was directed to hear the claim. Upon these facts appearing that court could not make any award, because of the constitutional prohibition as to such a claim.
For the reasons I have stated, the decision and award of the Board of Claims should be affirmed, with costs.
All concur.
Award affirmed.