Munro v. . State of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 3, 1918, affirming a judgment in favor of plaintiff entered upon an award of the Court of Claims. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 3, 1918, affirming a judgment in favor of plaintiff entered upon an award of the Court of Claims. The facts, so far as material, are stated in the opinion. The state’s immunity from liability for claimant’s injuries under the common law was not altered by the enactment of chapter 658, Laws of 1915 which violates the provisions of sections 19 and 20 of article 3, and section 9 of article 8 of the Constitution of the state. (Maxmilian v. Mayor, etc., 62 N. Y. 160; Lewis v. State…
1Opinion of the CourtCrane, J.
John I. Munro was in the employ of the state of New York as a fireman and electrician at Kings Park State Hospital, Suffolk county, from January 1, 1906, to the 27th day of September, 1909. On the latter date, while in the discharge of his duties, he was assaulted by an inmate of the institution and seriously injured. This insane naan, named Zabilski, with some fifteen or twenty other incompetents, under the care and supervisión of two attendants, was working on a public highway known as the Smithstown-Huntington road in the vicinity of the hospital. Munro was fixing some electric wires near…
2Cases cited22 opinions
- Matter of Jensen v. . Southern Pacific Co.New York Court of Appeals · 1915
- Trustees of Exempt Firemen's Benevolent Fund v. RoomeNew York Court of Appeals · 1883
- Gates v. . StateNew York Court of Appeals · 1891
- Lehigh Valley R.R. Co. v. . Canal BoardNew York Court of Appeals · 1912
- Railroad Co. v. HechtSupreme Court of the United States · 1877
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3Cited by60 opinions
- People v. Westchester County National BankNew York Court of Appeals · 1921
- Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
- Matter of Evans v. BerryNew York Court of Appeals · 1933
- Jackson v. State of New YorkNew York Court of Appeals · 1933
- Williamsburgh Savings Bank v. StateNew York Court of Appeals · 1926
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