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DAKIN v. STATE OF NEW YORK

284 A.D. 53 (1954)

Clair P. Dakin, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 29006.)

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

April 24, 1954.

Attorney(s) appearing for the Case

Albert Averback for appellant-respondent.

Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for respondent-appellant.

BERGAN, COON, HALPERN and IMRIE, JJ., concur.

FOSTER, P. J.

The Court of Claims has awarded claimant a judgment of $72,867.28 for personal injuries he received while a visitor at Taughannock Falls State Park on June 9, 1946. The State has appealed from that judgment on two grounds: (1) that the accident was not the result of negligence on the part of the State; (2) that the damages awarded are excessive. Claimant has cross-appealed on the ground the damages...

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