RUGG v. STATE OF NEW YORK


284 A.D. 179 (1954)

Clayton A. Rugg, Jr., Appellant, v. State of New York, Respondent. (Claim No. 31178.)

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

May 21, 1954.


Attorney(s) appearing for the Case

Ernest B. Morris and Harold W. Katz for appellant.

Nathaniel L. Goldstein, Attorney-General (Richard H. Shepp and Wendell P. Brown of counsel), for respondent.

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


HALPERN, J.

In this case, the Court of Claims found that the State "was negligent in failing to provide the travelling public adequate warning of the dangerous condition that existed on this curve and the approach to the narrow bridge" but it nevertheless dismissed the claim upon the ground that the negligence of the State was not "the proximate cause of the accident".

We affirm the finding of the State...

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