BROOKER v. STATE


28 A.D.2d 616 (1967)

Evelyn M. Brooker, as Administratrix of The Estate of Charles E. Brooker, Appellant, Deceased, v. State of New York, Respondent. (Claim No. 40734.)

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

May 22, 1967


HERLIHY, J.

This is a death case and while the court found the State of New York negligent in failing to provide adequate warning signs, the decision of the court should be affirmed. It appears that at the top of the hill over which the decedent travelled there was a substantial piece of ice, but it further appears that for a distance estimated to be from 200 to 500 feet in the direction in which the decedent was proceeding, the road was dry and there...

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