McDEVITT v. STATE OF NEW YORK


1 N.Y.2d 540 (1956)

Maryanne McDevitt, Respondent, v. State of New York, Appellant. (Claim No. 31246.) Consula J. Herron, Respondent, v. State of New York, Appellant. (Claim No. 31247.)

Court of Appeals of the State of New York.

Decided July 11, 1956.


Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (John R. Davison and James O. Moore, Jr., of counsel), for appellant.

John T. De Graff and Harold R. Soden for respondents.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL and BURKE, JJ., concur with DYE, J.; VAN VOORHIS, J., concurs in the result on the ground that claimants needed no warning signs if, as they testified, they had already slowed to 20 miles per hour.


DYE, J.

In this appeal as of right by the State from a judgment of the Appellate Division, Third Department, affirming an award of damages for personal injuries sustained by each of the claimants in a highway accident, we consider only whether the highway signs and markers, as provided by the State on State highway No. 192 at the point of intersection with town highway No. 365 were reasonably adequate under the...

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