Legal Opinion

Barrett v. State

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

Decided January 14, 1965Published

1Per curiam

Claimant, accompanied by his wife, was operating a motor down a long, steep hill during an intermittent heavy rain storm, and applied his brakes upon sighting an approaching automobile. His car slid sideways and collided with the other vehicle. Claimant and his wife were injured. *348The latter died as a result of her injuries. There was proof that the wet surface of the highway was excessively slippery at the time. The investigating peace officer testified that he fell upon alighting from his vehicle and about the same time several other cars came down the hill, skidded, and went in the ditch.…

2Cases cited2 opinions

  1. Boyce Motor Lines, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1952
  2. Stern v. StateNew York Court of Claims · 1962

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