Grau v. State

Appellate Division of the Supreme Court of New York

Grau v. State

282 A.D. 993

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

DecidedNovember 12, 1953

DocketClaim No. 30695

StatusPublished

This text of 282 A.D. 993 (Grau v. State) 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

Grau v. State, 282 A.D. 993 (N.Y. Ct. App. 1953).

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Opinion

— Appeal from a judgment of the Court of Claims, which dismissed a death claim against the State. Claimant’s intestate was killed in an automobile accident which happened on a State highway, known as Route 41, a short distance north of the village of Homer, New York. The intestate’s companion, presumably the driver of the car, was also killed. The car left the highway, knocked down two concrete posts and crashed into a tree. There were no witnesses to the accident and both occupants were dead when the wrecked car was discovered. The evidence was insufficient upon which to base a finding that any negligence on the part of the State in the construction and maintenance of the highway in question was a proximate cause of the accident. Judgment unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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— Appeal from a judgment of the Court of Claims, which dismissed a death claim against the State. Claimant’s intestate was killed in an automobile accident which happened on a State highway, known as Route 41, a short distance north of the village of Homer, New York. The intestate’s companion, presumably the driver of the car, was also killed. The car left the highway, knocked down two concrete posts and crashed into a tree. There were no witnesses to the accident and both occupants were dead when the wrecked car was discovered. The evidence was insufficient upon which to base a finding that any negligence on the part of the State in the construction and maintenance of the highway in question was a proximate cause of the accident. Judgment unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

282 A.D. 993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grau-v-state-nyappdiv-1953.