Legal Opinion

Shaft v. State

Appellate Division of the Supreme Court of the State of New York

Decided October 4, 1933No. Claim No. 23197PublishedCited by 4 opinions

1Per curiam

We are not convinced by the proofs that the condition at the edge of the pavement of this highway was a proximate cause of the accident or even that it constituted such *145a dangerous condition that a finding of negligence on the part of the State can be predicated thereon even though it had existed for a considerable period of time. The Court of Claims has found “ that the condition of the road at the time and place of the accident was such that it was safe for any one traveling thereon with an ordinary amount of care ” and “ that the direct and proximate, cause of the accident was the…

2Cited by4 opinions

  1. Ohio Casualty Insurance Co. v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1972
  2. Walker v. StateAppellate Division of the Supreme Court of the State of New York · 1937
  3. Edwards v. StateNew York Court of Claims · 1957
  4. Tucker v. StateNew York Court of Claims · 1942

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