FINCHER v. STATE


19 A.D.2d 762 (1963)

Glyn A. Fincher, an Incompetent, by E. Alice Fincher, as Committee, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 36620.) Patricia A. Lenahan, as Administratrix of The Estate of Robert A. Lenahan, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 36864.)

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

July 15, 1963


The trial court found that at the curve the northerly shoulder sloped southerly toward the edge of the pavement and that southerly of the highway a high ledge of rock shaded the highway from the sun's rays for a substantial part of the Winter day, with the result that water formed by melting snow and running on to the pavement from the sloping shoulder froze and remained frozen even when the pavement for very considerable distances easterly and westerly of the curve was dry...

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