ROONEY v. STATE


25 A.D.2d 578 (1966)

Francis D. Rooney, Appellant, v. State of New York, Respondent. (Claim No. 37761.)

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

February 8, 1966


HERLIHY, J.

The Court of Claims found that the State was negligent in failing to have the barricades on the road properly lighted, and found the claimant guilty of contributory negligence for failing to have proper equipment on the vehicle, to wit, headlights conforming to required specifications. The claimant appeals from this finding. The State argued that, in any event, the plaintiff failed to sustain the burden of establishing his freedom from contributory...

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