Babcock v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Dudley P. Babcock, from a judgment of the Court of Claims in favor of the defendant, entered in the office of the clerk of said court on or about the 19th day of March, 1919, dismissing the claim herein on the merits, on the ground that the claimant was guilty of contributory negligence.
1Opinion of the Court
H. T. Kellogg, J.:
The claimant was first assistant engineer in the Department of the Commission of Highways, which was engaged in making preliminary surveys and maps for the construction under contract of a State highway along the cliffs of Storm King Mountain. Four engineers of the department, including the claimant, were directed to go to the site of the highway, locate its course, and mark its line upon the rocks. The claimant was given charge of the survey, but other duties required him to go immediately to Binghamton. After making this trip he met his fellow-engineers at Cornwall.…
2Cases cited20 opinions
- Poindexter v. GreenhowSupreme Court of the United States · 1885
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
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3Cited by16 opinions
- Southeastern Express Co. v. EdmondsonCourt of Appeals of Georgia · 1923
- Williamsburgh Savings Bank v. StateNew York Court of Appeals · 1926
- Farrington v. StateNew York Court of Appeals · 1928
- State v. CarterWyoming Supreme Court · 1923
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
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