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DARLING v. STATE

16 N.Y.2d 907 (1965)

Harry Darling et al., Respondents, v. State of New York, Appellant. (Claim No. 34041.)

Court of Appeals of the State of New York.

Decided October 21, 1965.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Paxton Blair of counsel), for appellant.

Paul N. Carter for respondents.

Concur: Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Dissent: Chief Judge DESMOND.

Order reversed and claim dismissed, without costs, upon the ground that the manner in which the automobile was being operated at the time, and not the presence of the utility pole in the grassy area of the shoulder of the highway, was the proximate producing cause of the accident (Ellis v. State of New York, 16 A.D.2d 727, affd. 12 N.Y.2d 770; Kinne v. State of New York,

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