Peckham v. State

Judgment unanimously affirmed, with costs. Memorandum: The State’s appeal in each of these cases is based upon its contention that it was not negligent in the construction, maintenance or marking of the highway where the accident occurred, but that even if it was negligent, such negligence was not the proximate cause of the accident. There was ample evidence to support the trial court’s finding that at the point of the accident the State had violated its own rule for traffic regulation (Manual of Uniform Traffic Control Devices, § 262.1; 17 NYCRR 262.1), requiring highway markings to warn…