Legal Opinion

Rugg v. State

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 1954No. Claim No. 31178PublishedCited by 35 opinions

1Opinion of the CourtHalpern, J.

In this case, the Court of Claims found that the State “ was negligent in failing to provide the travelling public adequate warning of the dangerous condition that existed on this curve and the approach to the narrow bridge ” but it nevertheless dismissed the claim upon the ground that the negligence of the State was not “ the proximate cause of the accident ”.

We affirm the finding of the State’s negligence but we cannot, accept the finding that there was no causal connection between the negligence and the accident.

The accident happened upon a State highway running in a generally easterly…

2Cases cited5 opinions

  1. Bassett v. . FishNew York Court of Appeals · 1878
  2. Canepa v. State of New YorkNew York Court of Appeals · 1954
  3. Young v. Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1899
  4. Sommerich v. MillerNew York Court of Appeals · 1944
  5. Young v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1901

3Cited by35 opinions

  1. District of Columbia v. FreemanDistrict of Columbia Court of Appeals · 1984
  2. Thelma Billiar v. Minnesota Mining and Manufacturing Company, Defendant/third Party Plaintiff v. Mennen-Greatbatch Electronics, Third PartyCourt of Appeals for the Second Circuit · 1980
  3. Koester v. StateAppellate Division of the Supreme Court of the State of New York · 1982
  4. Charles H. Smith v. National Railroad Passenger CorporationCourt of Appeals for the Second Circuit · 1988
  5. Waterman v. StateAppellate Division of the Supreme Court of the State of New York · 1963

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