Legal Opinion

Bessant v. State

New York Court of Claims

Decided March 23, 1948No. Claim No. 28422PublishedCited by 1 opinion

1Opinion of the CourtByan, J.

Claimant sued the State in negligence to recover damages for personal injuries received when riding as a passenger in an automobile upon a State highway. He pleaded that the accident was caused “ solely and entirely ” by the negligence of the State of New York in failing “ to properly maintain and inspect said highway and guard rails.” The pleading in other and additional phrases charged negligence in respect to the construction and maintenance of the guard rails at the point designated in the complaint and charged that “asa result of the said dangerous and defective condition, which caused…

2Cases cited11 opinions

  1. New York Central & Hudson River Railroad v. KinneySupreme Court of the United States · 1922
  2. McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
  3. Harriss v. TamsNew York Court of Appeals · 1932
  4. Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
  5. Dixon v. New York Trap Rock Corp.New York Court of Appeals · 1944

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3Cited by1 opinion

  1. Dolce v. Cayuga Foundation Corp.Civil Court of the City of New York · 1963

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