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Gladstone v. State

224 N.E.2d 727, 18 N.Y.2d 987, 278 N.Y.S.2d 222, 1966 N.Y. LEXIS 909
CourtNew York Court of Appeals
DecidedDecember 30, 1966
DocketClaim 37405
StatusPublished
Cited by2 cases

This text of 224 N.E.2d 727 (Gladstone v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gladstone v. State, 224 N.E.2d 727, 18 N.Y.2d 987, 278 N.Y.S.2d 222, 1966 N.Y. LEXIS 909 (N.Y. 1966).

Opinion

Order affirmed, without costs.

Concur: Chief Judge Desmond and Judges Fuld, Van Voorhis, Bukke, Scileppi and Beugan. Judge Keating dissents and votes to reverse in the following memorandum: While I agree that there was no negligence proved as to the condition of the high *989 way, the rotted and decayed condition of the guardrails, initially erected between 1913 and 1916, which it was the duty of the State to maintain, justified the award to claimant by the Court of Claims Judge.. The happening of such an accident was foreseeable. There was no evidence of contributory negligence on the part of claimant. (See Countryman v. State of New York, 251 App. Div. 509, affd. 277 N. Y. 586; Sanders v. State of New York, 191 Misc. 248, affd. 274 App. Div. 842, affd. 298 N. Y. 850.)

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Related

Bradley v. State
132 A.D.2d 816 (Appellate Division of the Supreme Court of New York, 1987)
Epstein v. State
124 A.D.2d 544 (Appellate Division of the Supreme Court of New York, 1986)

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Bluebook (online)
224 N.E.2d 727, 18 N.Y.2d 987, 278 N.Y.S.2d 222, 1966 N.Y. LEXIS 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gladstone-v-state-ny-1966.