GALLAGHER v. STATE


282 A.D. 984 (1953)

James J. Gallagher, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 30581.) John Howard, Appellant, v. State of New York, Respondent. (Claim No. 30607.)

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

November 12, 1953.


Both claimants were injured when the car in which they were riding, owned and operated by claimant Howard, left a State highway in the vicinity of Mechanicville, N. Y., and plunged over an embankment. The Court of Claims found the State negligent in failing to give an adequate warning of a dangerous condition on the highway, created by agents or employees of the State. At the place of the accident there was a barricade across the road, and the highway itself turned sharply...

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