Kelly v. State

Judgment unanimously reversed on the law and facts, judgment directed in favor of claimant and case remitted to Court of Claims to assess damages and to enter judgment accordingly. Memorandum: This claim has been dismissed upon a finding that claimant was eontributorily negligent. The sparse factual findings of the trial court make it difficult to determine the precise grounds of this conclusion. It appears, however, that it was based upon a finding that regardless of the place of the accident claimant saw the State vehicle some 150 or 200 feet ahead of his vehicle and was negligent in…