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CANEPA v. STATE OF NEW YORK

306 N.Y. 272 (1954)

Angeline Canepa, as Guardian ad Litem for John Canepa, Jr., an Infant, Appellant, v. State of New York, Respondent. (Claim No. 29875.) John Canepa, Sr., Appellant, v. State of New York, Respondent. (Claim No. 29866.) Joseph I. Gorin, as Limited Administrator of The Estate of Nelson M. Gorin, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 30116.)

Court of Appeals of the State of New York.

Decided January 22, 1954

Attorney(s) appearing for the Case

Arthur VD. Chamberlain for Angeline Canepa and another, appellants.

Seymour Bernstein for Joseph I. Gorin, appellant.

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

CONWAY, FROESSEL and VAN VOORHIS, JJ., concur with LEWIS, Ch. J.; DESMOND, DYE and FULD, JJ., dissent and vote to affirm on the ground that there is in this record no proof of any actionable negligence of the State of New York.

LEWIS, Ch. J.

These three claims against the State arise from an automobile accident which occurred on Route 96 at a point in Ontario County near Manchester, where that highway crossed the right of way of the Lehigh Valley Railroad by means of an overgrade bridge. It was stipulated that Route 96 is maintained by the State under its patrol system.

Claimants alleged, and the Court of Claims found, that the...

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