SPICER v. STATE


285 A.D. 862 (1955)

Clyde T. Spicer, Appellant, v. State of New York, Respondent. (Claim No. 31045.)

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

January 14, 1955.


Case held and matter remitted to the Court of Claims for findings in support of the judgment.

Memorandum:

Upon the trial had before the Court of Claims, the parties litigated issues pertaining to negligence and contributory negligence. No oral or written decision was made by the trial court. It is therefore impossible for an appellate court to adequately review the judgment. Accordingly, the appeal should be held and the matter remitted to the trial court...

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