TENNESSEE v. STATE OF NEW YORK


280 A.D. 640 (1952)

Willie Tennessee, Respondent, v. State of New York, Appellant. (Claim No. 30428.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 17, 1952.


Attorney(s) appearing for the Case

Gordon M. Lipetz, Samuel L. Greenberg and Erwin G. Greenberg for respondent.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, and John R. Davison of counsel), for appellant.

FOSTER, P. J., BREWSTER and COON, JJ., concur; HEFFERNAN, J., taking no part.


BERGAN, J.

In walking after dark across a grass plot between a sidewalk and the roadway in Bridgehampton, Willie Tennessee became entangled in a wire, fell against his car which was parked at the curb, and was injured. The wire was strewn on the ground, one end of it attached to the trunk of a tree. It seems to have been used to hold up a Christmas tree which had been taken down some two months before the accident.

It is stipulated in the record...

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