Zorn v. State of New York

In Zorn v. State of New York, 45 App Div 163, 164 [3d Dept 1899] a boat was destroyed because of a break in one of the canal dams after the boat had completed its trip through the canals and was tied near a dock waiting to be unloaded. Its destruction was considered to arise from navigation of the canal, however, because it still rested upon waters deemed to be part of the canal system and because, since the cargo had not been removed, "the navigation in which the plaintiff was engaged was not, I think, at an end" (id. at 166). Since it is evident from other cases dealing with flood damage to lands and buildings adjacent to the canal that those types of losses would be compensated if caused by a break in the dam, it is safe to say that the "navigational" exception to the waiver of immunity is construed quite broadly.