DAVIS v. STATE OF NEW YORK


285 A.D. 65 (1954)

Oscar Davis, as Administrator of The Estate of Robert F. Davis, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 31340.)

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

December 16, 1954.


Attorney(s) appearing for the Case

John J. Nicit and Theodore C. Bonney for appellant.

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

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.


BERGAN, J.

On December 2, 1951, decedent was driving a tractor-trailer unit heavily loaded with rolled steel near Norwich in a northerly direction on Route 12 and came in collision at the intersection of Route 320 with another vehicle. The accident caused decedent's death.

The theory of liability against the State suggested by the claimant is that there was a failure by the State to "afford an adequate...

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