Fitzgerald v. Palmer

The opinion of the court was delivered by

Weintraub, C. J.

Plaintiff’s decedent was killed when his automobile was struck by a piece of concrete weighing about 60 pounds dropped by an unknown person from an overhead crossing constructed by the State Highway Department. The event was unquestionably a criminal one. The culprit had carried the piece of concrete a considerable distance to the point from which it was released to the road below. The suit is against the State Highway Commissioner, not individually, but in his official capacity. Plaintiff acknowledges the suit is against the State. The…