Legal Opinion
Fitzgerald v. State
New York Court of Claims
Decided April 13, 1950No. Claim No. 28811; Claim No. 28816PublishedCited by 6 opinions
1Opinion of the CourtLounsberry, P. J.
On September 21, 1947, at about 8:20 f.m., Daylight Saving Time, the claimant, Paul F. Fitzgerald, was a passenger in his own car, which was being driven by a friend, Arthur E. Peck, Jr., northeasterly along State Highway Eoute No. 30, toward the village of Canton. The weather was clear, dry, and very windy. It was dark, or nearly so, and the car *41lights were on high beam. The road was reasonably straight and level and sight distance was good. The car’s speed was between forty and forty-five miles per hour.
A dark object suddenly loomed up in the road some fifty feet ahead. The driver applied…
2Cases cited9 opinions
- Johnson v. LutzNew York Court of Appeals · 1930
- Embler v. . Town of WallkillNew York Court of Appeals · 1892
- Messinger v. StateNew York Court of Claims · 1944
- Needle v. New York Railways Corp.Appellate Division of the Supreme Court of the State of New York · 1929
- Embler v. Town of WallkillNew York Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Carver v. Salt River Valley Water Users' Ass'nCourt of Appeals of Arizona · 1969
- Edgett v. StateAppellate Division of the Supreme Court of the State of New York · 1959
- Kemp v. StateNew York Court of Claims · 1958
- Hensley v. Montgomery CountyCourt of Special Appeals of Maryland · 1975
- Hensley v. Montgomery CountyCourt of Special Appeals of Maryland · 1975
1 more not listed; retrieve them via the Exa API.