Legal Opinion

Johnson v. . State

New York Court of Appeals

Decided November 18, 1919PublishedCited by 14 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 28, 1919, affirming a judgment of the Court of Claims awarding the plaintiff damages for the death of her husband, who while driving an automobile on a state highway on a foggy night failed to observe a curve in the road and went over the embankment and was killed.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 28, 1919, affirming a judgment of the Court of Claims awarding the plaintiff damages for the death of her husband, who while driving an automobile on a state highway on a foggy night failed to observe a curve in the road and went over the embankment and was killed. It was claimed that the state was negligent in failing to maintain a barrier at the point in question. A construction of the Highway Law as to the state’s liability under the so-called “ patrol system ” was…

1Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cardozo, Pound, Crane and Andrews, JJ.

2Cited by14 opinions

  1. Sporborg v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1929
  2. Garrow v. StateAppellate Division of the Supreme Court of the State of New York · 1944
  3. Countryman v. StateAppellate Division of the Supreme Court of the State of New York · 1937
  4. Sutherland v. StateNew York Court of Claims · 1947
  5. Wolf v. StateNew York Court of Claims · 1924

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