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WAGER v. STATE OF NEW YORK

8 A.D.2d 236 (1959)

William Wager, Appellant, v. State of New York, Respondent. (Claim No. 31236.)

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

June 17, 1959.

Attorney(s) appearing for the Case

N. Le Van Haver and Charles H. Gaffney for appellant.

Louis J. Lefkowitz, Attorney-General (Paxton Blair, James G. Austin and Jerome Lefkowitz of counsel), for respondent.

FOSTER, P. J., COON, GIBSON and HERLIHY, JJ., concur.

BERGAN, J.

In the first appeal in this case (285 App. Div. 1199) the judgment of the Court of Claims dismissing the claim was reversed and a new trial directed. The Court of Claims was then of opinion that although the State had been shown negligent in the manner in which it maintained the highway approaching a bridge at the outskirts of Kingston at the site of the accident where claimant was injured, such negligence...

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