Rooney v. Tufano Contracting Corp.

This is an action to recover damages for personal injuries received when the plaintiff, in the nighttime, drove his automobile into a large rock and then into a fence-type barricade guarding some State highway construction work. The defendant, who was under contract with the State of New York, is charged with having negligently permitted the rock to remain in the roadway as a obstruction to traffic, and with having failed to provide sufficient warning of the presence of the barricade.

In a prior action against the State, in which the latter was charged with almost identical acts of negligence,…