Legal Opinion
Shaknis v. State
Appellate Division of the Supreme Court of the State of New York
Decided May 12, 1937No. Claim No. 23765; Claim No. 23654; Claim No. 23673; Claim No. 23671; Claim No. 23672PublishedCited by 30 opinions
1Opinion of the Court
Rock from the mountains to the west therefrom fell upon the traveled portion of the Storm King State Highway killing three travelers and injuring three others. This occurred on April 8, 1934. During the thawing period each spring, rock from State-owned mountains has fallen into this highway. It is the duty of the State to maintain the highway in a reasonably safe condition for travel and also, as the owner of the adjacent mountain, to construct such barriers as necessary to prevent rock from falling upon travelers using the highway. The frequency with which rock had fallen during each spring…
2Cases cited1 opinion
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
3Cited by30 opinions
- McCarthy v. FerenceSupreme Court of Pennsylvania · 1948
- Rinaldi v. StateAppellate Division of the Supreme Court of the State of New York · 1975
- Rivera Vera v. El Pueblo de Puerto RicoSupreme Court of Puerto Rico · 1954
- Messinger v. StateNew York Court of Claims · 1944
- Agius v. StateAppellate Division of the Supreme Court of the State of New York · 1975
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