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HICKS v. STATE OF NEW YORK

4 N.Y.2d 1 (1958)

Charlotte Hicks, as Administratrix of The Estate of Charlotte Sebring, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 31248.) Carl D. Horton, Respondent, v. State of New York, Appellant. (Claim No. 31249.) Daniel E. Horton, Respondent, v. State of New York, Appellant. (Claim No. 31250.) William Ladd, an Infant, by Gertrude Ladd, His Guardian ad Litem, Respondent, v. State of New York, Appellant. (Claim No. 31257.) Gertrude Ladd, Respondent, v. State of New York, Appellant. (Claim No. 31253.) Gertrude Ladd, as Executrix of Merton Ladd, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 31256.)

Court of Appeals of the State of New York.

Decided February 27, 1958.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John R. Davison and Peter E. Herzog of counsel), for appellant.

Edmund J. Hoffmann for Charlotte Hicks and others, respondents.

Wilfred E. Hoffmann and James J. Barrett for Gertrude Ladd and another, respondents.

Judges DESMOND, FULD, FROESSEL and BURKE concur with Judge DYE; Chief Judge CONWAY dissents in an opinion; Judge VAN VOORHIS dissents and votes to affirm upon the ground that the route marker "N. Y. 13 L-R" was an inadequate warning sign of the concealed crossing of Route 13 only a few feet beyond; and that its presence was a false indication that the highway crossing was at a greater distance, instead of being — as it was — almost immediately adjacent to the sign.

DYE, J.

The crucial question is whether a standard New York State crossroad sign erected by the State pursuant to an order of the State Traffic Commission on a county road at its intersection with a State road was reasonably adequate under the circumstances, or was the State, in the discharge of its duty to warn against highway hazards, required to erect in addition to the standard crossroad sign a "Stop" sign....

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