[Download] "Barbara Hall v. State New York" by Appellate Division,Fourth Department Supreme Court of New York # Book PDF Kindle ePub Free

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eBook details

• Title: Barbara Hall v. State New York
• Author : Appellate Division,Fourth Department Supreme Court of New York
• Release Date : January 30, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Judgment unanimously affirmed, with costs. Memorandum: Claimant-respondent was driving to her place of employment at a speed of 20 to 30 miles per hour on a clear Winter's day on a road which was free of ice and snow. For a period of some distance the narrow road wound downhill and uphill around many curves. At the place of the accident, claimant was proceeding uphill and as she was coming out of a reverse curve was suddenly confronted with a patch of ice which caused her to skid to her left, over a one-foot shoulder and over steel cables erected by the State and down a steep embankment of more than 60 feet. The trial court found, and it was conceded by the State, that concrete guideposts were in such a state of disrepair that the cables between them were in a slackened position and tipped away from the highway several inches from vertical. All the witnesses, including the State's employee in charge of maintenance, testified that this defective and unsafe condition had existed for many months and perhaps years before the accident. We concur with the trial court's finding that ""The negligence of the State in maintaining its guardrails was a proximate cause of this accident"". Appellant State contends that Gladstone v. State of New York (23 A.D.2d 593, affd. 18 N.Y.2d 987) mandates a reversal of the award and dismissal of the claim. The facts in the instant case are substantially different and distiguishable from those in Gladstone. The trial court in Gladstone

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