Legal Opinion

Tyrell v. State

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

Decided July 31, 1958No. Claim No. 32547PublishedCited by 3 opinions

1Opinion of the Court

—This is an appeal by the claimant Gilbert L. Tyrell from a judgment of the Court of Claims dismissing his claim on the ground that he was contributorily negligent. The accident occurred on January 26, 1954, at about 11:30 p.m. on Route 73 in the town of Schroon, Essex County, New York, when claimant’s ear left the State highway, after skidding on an icy section of *959the road, and struck a tree. Just east of the point where the accident happened the highway was covered with ice for a distance of some 200-300 feet. The testimony reveals that claimant had traversed the icy section and just…

2Cases cited5 opinions

  1. Mieuli v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
  2. Collins v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
  3. Jarchover v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  4. Meyers v. HinesAppellate Division of the Supreme Court of the State of New York · 1922
  5. Voyes v. KaneAppellate Division of the Supreme Court of the State of New York · 1933

3Cited by3 opinions

  1. Joan S. Neff, Administratrix of the Estate of John W. Neff v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  2. Smith v. StateAppellate Division of the Supreme Court of the State of New York · 1984
  3. Backman v. StateAppellate Division of the Supreme Court of the State of New York · 1979

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