Cooper v. State

Appellate Division of the Supreme Court of New York

Cooper v. State

273 A.D. 1039, 81 N.Y.S.2d 162

Appellate Division of the Supreme Court of the State of New York·Decided May 5, 1948·No. Claim No. 28190·Published

Opinion

— The State of New York has appealed from a judgment of the Court of Claims in claimant’s favor. The Court of Claims found that claimant’s intestate came to his death by reason of a defect in the State highway extending from Cortland to Syracuse. It found that the State was negligent in the maintenance of the highway in question. Only questions of fact are involved. Judgment of the Court of Claims affirmed, with costs to respondent. Hill, P. J., Heffernan and Foster, JJ., concur; Brewster and Deyo, JJ., dissent.

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— The State of New York has appealed from a judgment of the Court of Claims in claimant’s favor. The Court of Claims found that claimant’s intestate came to his death by reason of a defect in the State highway extending from Cortland to Syracuse. It found that the State was negligent in the maintenance of the highway in question. Only questions of fact are involved. Judgment of the Court of Claims affirmed, with costs to respondent. Hill, P. J., Heffernan and Foster, JJ., concur; Brewster and Deyo, JJ., dissent.

Cooper v. State, 273 A.D. 1039, 81 N.Y.S.2d 162 (N.Y. Ct. App. 1948).

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