Warren v. New York State Thruway Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed, with costs. Memorandum: In this one-car accident in which two young persons were killed, the Court of Claims correctly found the State Thruway Authority liable by reason of its failure to meet its own standards for construction of the guide rail. The trial court was cognizant of and properly applied the general rule that "more than a mere choice between conflicting opinions of experts is required before the State or one of its subdivisions may be charged with a failure to discharge its duty to plan highways for the safety of the traveling public” (Weiss v Fote,…
2Cases cited8 opinions
- Weiss v. FoteNew York Court of Appeals · 1960
- Danbois v. New York Central RailroadNew York Court of Appeals · 1963
- Roberts v. . Town of EatonNew York Court of Appeals · 1924
- Stuart-Bullock v. State of NYNew York Court of Appeals · 1974
- Murray v. StateNew York Court of Appeals · 1975
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3Cited by11 opinions
- Pontello v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1983
- Kirisits v. StateAppellate Division of the Supreme Court of the State of New York · 1985
- Epstein v. StateAppellate Division of the Supreme Court of the State of New York · 1986
- Waddingham v. StateAppellate Division of the Supreme Court of the State of New York · 1982
- Weyant v. City of New YorkNew York Supreme Court · 1994
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