Legal Opinion

Lyons v. State

New York Court of Claims

Decided September 1, 1948No. Claim No. 28243PublishedCited by 1 opinion

1Opinion of the Court

Lambíase, J.

The claim herein alleges that: “On or about May 24, 1946, decedent, while walking on Route 5 in the Town of New Hartford, New York, stepped, slipped or stumbled into *984a culvert which passes under Route 5 and was killed.” (Claim, Par. seventh.)

It is further alleged therein that: “ The decedent with some companions, while legally using said highway, stepped, slipped or fell from the southerly side of said highway and dropped approximately seventeen feet into the culvert created and maintained by the State of New York and was killed. The State of New York was negligent and careless…

2Cases cited19 opinions

  1. McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
  2. Ring v. . City of CohoesNew York Court of Appeals · 1879
  3. Hubbell v. . City of YonkersNew York Court of Appeals · 1887
  4. Lane v. . Town of HancockNew York Court of Appeals · 1894
  5. Flansburg v. . Town of ElbridgeNew York Court of Appeals · 1912

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3Cited by1 opinion

  1. Lyons v. StateAppellate Division of the Supreme Court of the State of New York · 1949

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