Johnson v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the State of New York, from an order and determination of the Court of Claims, entered in the office of the clerk of said court on the 17th day of September, 1918.
1Opinion of the Court
Lyon, J.:
The main question involved upon this appeal is whether the State is hable for its failure to maintain a barrier at the place of the accident.
Edward L. Johnson was killed in an automobile accident just off the State highway leading from the city of Elmira into the State of Pennsylvania. The highway was improved about 1900, and was placed under the patrol system in June, 1909. Johnson and his companion, one Osborne, left Mansfield during the late afternoon of August 3, 1916, reaching Elmira in the early evening, and returning left Elmira about one o’clock in the morning, Johnson…
2Cases cited6 opinions
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
- Flansburg v. . Town of ElbridgeNew York Court of Appeals · 1912
- Jewhurst v. . City of SyracuseNew York Court of Appeals · 1888
- Nicholson v. . Town of StillwaterNew York Court of Appeals · 1913
- Wood v. Town of GilboaNew York Supreme Court · 1894
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3Cited by25 opinions
- City of Phoenix v. MayfieldArizona Supreme Court · 1933
- Sporborg v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1929
- Garrow v. StateAppellate Division of the Supreme Court of the State of New York · 1944
- Countryman v. StateAppellate Division of the Supreme Court of the State of New York · 1937
- Bach v. StateCourt of Appeals of Arizona · 1986
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