Legal Opinion

Kibner v. State

New York Court of Claims

Decided February 15, 1921No. Claim No. 16513PublishedCited by 2 opinions

Claim for personal injuries.

1Opinion of the CourtSmith, J.

On September 28, 1919, the claimant, who was walking on a sidepath along a public highway, in the town of North Greenbush, in the county of Eensselaer, caught her foot on a flagstone covering over a sluiceway under the sidepath, fell and broke her arm. She has filed this claim against the state for damages, claiming that the sidepath was in an unsafe condition, due to the negligence of the state.

For many years there has been a public highway at this location, leading from Pawling avenue in the city of Troy, to Wynantskill. In the year 1902 the state of New York, pursuant to the provisions of…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Smith v. . State of New YorkNew York Court of Appeals · 1920
  2. Ferguson v. . Town of LewisboroNew York Court of Appeals · 1914
  3. Birngruber v. Town of EastchesterAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by2 opinions

  1. Marino v. StateAppellate Division of the Supreme Court of the State of New York · 1939
  2. Marino v. StateNew York Court of Claims · 1939

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