Edgett v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHerlihy, J.
On October 15, 1955, at about 10:00 p.m., while driving on Route 28 in the County of Otsego, a large limb fell from a tree (which was on the right of way of the State) striking the automobile in which the claimants were riding and causing serious injuries.
There is no claim that the claimants were guilty of contributory negligence and the record substantiates such fact.
The State contends: 1. The limb fell as the result of an unprecedented storm (Hurricane Hazel); 2. There was no notice, actual or constructive, to the State of the defective condition of the tree and limb; 3. The State was not…
2Cases cited18 opinions
- Doulin v. StateNew York Court of Appeals · 1938
- Eastman v. StateNew York Court of Appeals · 1951
- Shaknis v. StateAppellate Division of the Supreme Court of the State of New York · 1937
- Daly v. StateAppellate Division of the Supreme Court of the State of New York · 1929
- Goodwin v. StateNew York Court of Appeals · 1949
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3Cited by12 opinions
- Ivancic v. OlmsteadNew York Court of Appeals · 1985
- Rinaldi v. StateAppellate Division of the Supreme Court of the State of New York · 1975
- Lesser Ex Rel. Lesser v. Camp WildwoodDistrict Court, S.D. New York · 2003
- Dewey J. O'Brien v. United StatesCourt of Appeals for the Ninth Circuit · 1960
- Skiff v. StateNew York Court of Claims · 1984
7 more not listed; retrieve them via the Exa API.