LOOMIS v. STATE


285 A.D. 988 (1955)

Bert J. Loomis, Appellant, v. State of New York, Respondent. (Claim No. 31397.)

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

March 16, 1955.


The injuries were sustained when claimant fell into an abandoned well hidden by thick underbrush and near the foundation of a burned farmhouse and a granary and barn formerly standing on the property. The court below found that claimant was a licensee and relying on Le Roux v. State of New York (281 App. Div. 1065), held that the State was without actual or constructive notice of the existence of the well and was under no duty to inspect its lands to discover such...

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