Caloro v. State of New York

Appellate Division of the Supreme Court of New York

Caloro v. State of New York

280 A.D. 854, 113 N.Y.S.2d 332

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 1952

DocketClaim No. 28647

StatusPublished

Cited by1 cases

This text of 280 A.D. 854 (Caloro v. State of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Caloro v. State of New York, 280 A.D. 854, 113 N.Y.S.2d 332 (N.Y. Ct. App. 1952).

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Opinion

—Appeal from a judgment of the Court of Claims dismissing the claim. Claimant’s husband was killed by a motor vehicle while walking on a State highway, passing around a pile of sand which had been placed by the State on a path running parallel to the highway. The Court of Claims has found the State negligent by obstructing the walk, but has dismissed the claim on a factual finding of the contributory negligence of the decedent. The decision in respect of contributory negligence is not against the weight of evidence as we view the facts and is consistent with the verdict of a jury on a previous trial which was affirmed on appeal {Caloro v. Smith, 273 App. Div. 927, affd. 298 N. Y. 808). Judgment affirmed, without costs. Heffernan, Brewster, Bergan and Coon, JJ., concur; Poster, P. J., concurs for the additional reason that negligence on the part of the State was not shown.

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—Appeal from a judgment of the Court of Claims dismissing the claim. Claimant’s husband was killed by a motor vehicle while walking on a State highway, passing around a pile of sand which had been placed by the State on a path running parallel to the highway. The Court of Claims has found the State negligent by obstructing the walk, but has dismissed the claim on a factual finding of the contributory negligence of the decedent. The decision in respect of contributory negligence is not against the weight of evidence as we view the facts and is consistent with the verdict of a jury on a previous trial which was affirmed on appeal {Caloro v. Smith, 273 App. Div. 927, affd. 298 N. Y. 808). Judgment affirmed, without costs. Heffernan, Brewster, Bergan and Coon, JJ., concur; Poster, P. J., concurs for the additional reason that negligence on the part of the State was not shown.

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Bluebook (online)

280 A.D. 854, 113 N.Y.S.2d 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caloro-v-state-of-new-york-nyappdiv-1952.

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