Legal Opinion
Rafferty v. State
Appellate Division of the Supreme Court of the State of New York
Decided January 8, 1941No. Claim No. 24614; Claim No. 24615; Claim No. 24616; Claim No. 24617PublishedCited by 7 opinions
1Opinion of the CourtSchenck, J.
These are appeals from four judgments of the Court of Claims dismissing claims of the four claimants. The accident from which all claims arose occurred at one-forty-five A. m. on August 10, 1936, on a State highway west of the village of Ticonderoga. The claimant Mahue was the operator of an automobile, the claimant Mattison and the intestates of the other two claimants being passengers.
The claimants contend that the accident was caused by the negligence of the State in permitting the existence of a tree, with which Mahue’s car collided, in the middle of the five-foot shoulder of the highway.…
2Cases cited5 opinions
- Worden v. StateAppellate Division of the Supreme Court of the State of New York · 1927
- Shaffer v. StateAppellate Division of the Supreme Court of the State of New York · 1939
- Murphy v. Village of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 1901
- Bailey v. Bell Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Fisher v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- Kinne v. StateAppellate Division of the Supreme Court of the State of New York · 1959
- Constantino v. StateNew York Court of Claims · 1979
- Dulinak v. StateNew York Court of Claims · 1941
- Sweet v. StateNew York Court of Claims · 1949
- Shaw v. StateNew York Court of Claims · 1949
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