Legal Opinion

Spence v. State

New York Court of Claims

Decided June 12, 1936No. Claim No. 24016PublishedCited by 6 opinions

1Opinion of the CourtRyan, J.

Claim filed pursuant to chapter 970 of the Laws of 1935. Claimant, a member of Third Battalion Headquarters Battery, One Hundred and Sixth Field Artillery, New York National Guard, while in training at Pine Camp, August 29, 1933, participated in an ordered road march. He was a truck driver and at the command to halt brought his vehicle to the ordered place in line nine feet behind the preceding, truck. When the command came to resume the march claimant stepped in front of his truck to crank it as did the driver of the truck ahead. There was no self-starting device on the trucks.. The truck…

2Cases cited2 opinions

  1. Dicicco v. StateNew York Court of Claims · 1934
  2. Schmohl v. StateNew York Court of Claims · 1931

3Cited by6 opinions

  1. O'TOOle v. United StatesCourt of Appeals for the Third Circuit · 1953
  2. Storer Broadcasting Company, Detroit Fire & Marine Insurance Company and Associated Aviation Underwriters v. United StatesCourt of Appeals for the Fifth Circuit · 1958
  3. Glasgow v. United StatesDistrict Court, N.D. Alabama · 1951
  4. O'TOOLE v. United StatesDistrict Court, D. Delaware · 1952
  5. Lederhouse v. United StatesDistrict Court, W.D. New York · 1954

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