Hogan v. State

Appellate Division of the Supreme Court of New York

Hogan v. State

4 A.D.2d 851, 166 N.Y.S.2d 1021, 1957 N.Y. App. Div. LEXIS 4555

Appellate Division of the Supreme Court of the State of New York·Decided September 23, 1957·No. Claim No. 32558·Published

Opinion

Judgment affirmed, without costs of this appeal to either party. All concur, except, McCurn, P. J., and Bastow, J., who dissent and vote to reverse and grant a new trial on the ground that the findings of the trial court on the questions of negligence and contributory negligence are against the weight of the credible evidence. (Appeal from a judgment of the Court of Claims dismissing a claim for damages for personal injuries and for property damage to claimant’s tractor-trailer alleged to have been caused by reason of defective condition of State highway.) Present—McCurn, P. J., Vaughan, Williams, Bastow and Goldman, JJ. [2 Misc 2d 174.]

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Judgment affirmed, without costs of this appeal to either party. All concur, except, McCurn, P. J., and Bastow, J., who dissent and vote to reverse and grant a new trial on the ground that the findings of the trial court on the questions of negligence and contributory negligence are against the weight of the credible evidence. (Appeal from a judgment of the Court of Claims dismissing a claim for damages for personal injuries and for property damage to claimant’s tractor-trailer alleged to have been caused by reason of defective condition of State highway.) Present—McCurn, P. J., Vaughan, Williams, Bastow and Goldman, JJ. [2 Misc 2d 174.]

Hogan v. State, 4 A.D.2d 851, 166 N.Y.S.2d 1021, 1957 N.Y. App. Div. LEXIS 4555 (N.Y. Ct. App. 1957).

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