Deyoe v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Wertie Lee Deyoe, from a judgment of the Court of Claims, entered in the office of the clerk of said court on the 15th day of July, 1920, pursuant to an order entered in said clerk’s office on the same day dismissing the claimant’s claim.
1Opinion of the Court
John M. Kellogg, P. J.:
The claim is that the defendant negligently failed to maintain a guard rail or other barrier on its State road as it enters a bridge, the road being maintained under the patrol system, and that the plaintiff’s intestate, by reason of the said negligence, met his death by falling from the road into the stream.
A motion to dismiss the claim was granted. No findings were made. The opinion shows that the claim was dismissed upon the ground that the alleged defect in the highway was upon an approach to the bridge and at a place for which the State is not responsible. (112…
2Cases cited1 opinion
- Deyoe v. StateNew York Court of Claims · 1920
3Cited by1 opinion
- Deyoe v. StateAppellate Division of the Supreme Court of the State of New York · 1923