Legal Opinion

Mosher v. State

New York Court of Claims

Decided February 10, 1948No. Claim No. 28492PublishedCited by 5 opinions

1Opinion of the CourtLounsberry, P. J.

On April 16, 1947, at about 10:45 a.m., George Mosher, the claimant in this matter, was driving his car southerly along New York State highway 12-0 at a point about a quarter of a mile north of Carey’s Corners. A large limb fell from a tree onto his car, resulting in injuries to the claimant and considerable damage to the car, which went out of control and into a ditch. The claimant charges that the limb had been dead and decayed and in a dangerous condition for some time, and that the State was negligent in permitting such a condition to exist.

It is well established that the State may be…

2Cases cited7 opinions

  1. People v. . DeaconsNew York Court of Appeals · 1888
  2. Messinger v. StateNew York Court of Claims · 1944
  3. Tagg v. City of LockportAppellate Division of the Supreme Court of the State of New York · 1930
  4. Julian v. StateNew York Court of Claims · 1946
  5. McGarey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Edgett v. StateAppellate Division of the Supreme Court of the State of New York · 1959
  2. McGinn v. City of OmahaNebraska Supreme Court · 1984
  3. Siegel v. StateNew York Court of Claims · 1968
  4. McGinn v. City of OmahaNebraska Supreme Court · 1984
  5. Kemp v. StateNew York Court of Claims · 1958

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