Legal Opinion

Foley v. State

New York Court of Claims

Decided November 10, 1941No. Claim No. 25961; Claim No. 25962; Claim No. 25963; Claim No. 25964; Claim No. 25965; Claim No. 25966; Claim No. 25967PublishedCited by 5 opinions

1Opinion of the CourtRyan, J.

By chapter 910 of the Laws of 1936, effective September 1, 1936, * the Legislature created the State Traffic Commission. (Vehicle and Traffic Law, art. 7, § 95 et seq.) The Commission proceeded to take over control of traffic signals on State highways outside of cities, among them those in the town of Amherst, Erie county, N. Y.

We have already had occasion to observe that if the operation cf such signal lights is a police or governmental function it is one for which the State has waived its immunity from liability for the negligence of its officers and employees in discharging their duties in…

2Cases cited10 opinions

  1. Gochee v. WagnerNew York Court of Appeals · 1931
  2. Shea v. JudsonNew York Court of Appeals · 1940
  3. Cleveland v. Town of LancasterAppellate Division of the Supreme Court of the State of New York · 1933
  4. Parsons v. City of New YorkNew York Court of Appeals · 1937
  5. Murphy v. Incorporated Village of FarmingdaleAppellate Division of the Supreme Court of the State of New York · 1937

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3Cited by5 opinions

  1. Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
  2. Vinci v. CharneyNew York Supreme Court · 1948
  3. Cracraft v. City of St. Louis ParkSupreme Court of Minnesota · 1979
  4. Cracraft v. City of St. Louis ParkSupreme Court of Minnesota · 1979
  5. Kinney v. StateNew York Court of Claims · 1947

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