Legal Opinion

Giroux v. State

New York Court of Claims

Decided October 2, 1948No. Claim No. 27923PublishedCited by 1 opinion

1Opinion of the Court

Lambíase, J.

On March 28,1945, at or about 8:30 in the morning, claimant was driving his Ford truck, equipped with ten wheels, in a general easterly direction on New York State Highway No. 460, also known as Route 28, and particularly at a point thereon about three miles northwest of the village of Herkimer, New York. The truck, unloaded, weighed 7,800 pounds, and it was carrying on that day a load of logs weighing 12 tons.

*590At or near the point above mentioned, claimant found the road blocked by an accumulation of dirt, stones, rocks, and debris along with a tree ten inches in diameter, all of…

2Cases cited23 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Washington & Georgetown Railroad v. HickeySupreme Court of the United States · 1897
  3. Nelson v. NygrenNew York Court of Appeals · 1932
  4. Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
  5. Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927

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3Cited by1 opinion

  1. Ross v. New York State Thruway AuthorityNew York Court of Claims · 1962

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