Mosher v. State
New York Court of Claims
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
- People v. . DeaconsNew York Court of Appeals · 1888
- Messinger v. StateNew York Court of Claims · 1944
- Tagg v. City of LockportAppellate Division of the Supreme Court of the State of New York · 1930
- Julian v. StateNew York Court of Claims · 1946
- McGarey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by5 opinions
- Edgett v. StateAppellate Division of the Supreme Court of the State of New York · 1959
- McGinn v. City of OmahaNebraska Supreme Court · 1984
- Siegel v. StateNew York Court of Claims · 1968
- McGinn v. City of OmahaNebraska Supreme Court · 1984
- Kemp v. StateNew York Court of Claims · 1958