Scarnato v. State of New York
New York Court of Appeals
I. The State’s responsibility is measured by the same rules of law applicable to private individuals and corporations. II. The State’s failure to comply with the safety standards it enacted and promulgated by statute and industrial code was the proximate cause of claimant’s injuries. (Johnson v. Johnson, 249 App. Div. 859; Boss v. Delaware, Lackawanna & Western B. B. Co., 231 N. Y. 335; Stewart v. Ferguson, 164 N. Y. 553; Coleman v. Buggles-Bobinson Co., 159 App.
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I. The State’s responsibility is measured by the same rules of law applicable to private individuals and corporations. II. The State’s failure to comply with the safety standards it enacted and promulgated by statute and industrial code was the proximate cause of claimant’s injuries. (Johnson v. Johnson, 249 App. Div. 859; Boss v. Delaware, Lackawanna & Western B. B. Co., 231 N. Y. 335; Stewart v. Ferguson, 164 N. Y. 553; Coleman v. Buggles-Bobinson Co., 159 App. Div. 268; Chaffee v. Union Dry Dock Co., 68 App. Div. 578; Morse v. State of New York, 262 App. Div. 324, 287 N. Y. 666.) III. The…
1Per curiam
Prior to 1944, the jurisdiction of the Court of Appeals to review questions of fact in civil cases was governed by a provision of the State Constitution which read, in part, as follows (art. VI, § 7): “ The jurisdiction of the court of appeals, except where ⅝ ⅜ * the appellate division, on reversing or modifying a final judgment in an action or a final order in a special proceeding, maltes new findings of fact and renders final judgment or a final order thereon, shall be limited to the review of questions of law (Emphasis supplied.)
The above text authorized the Court of Appeals to review the…
2Cited by4 opinions
- Cohen v. StateNew York Court of Appeals · 1977
- Moore v. StateCourt of Claims of Illinois · 1951
- Town of Hempstead v. LittleNew York Court of Appeals · 1968
- Scarnato v. State of New YorkNew York Court of Appeals · 1949