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McCauley v. State

168 N.E.2d 843, 8 N.Y.2d 938
CourtNew York Court of Appeals
DecidedJuly 8, 1960
DocketClaim 32614; Claim 32615; Claim 32628
StatusPublished
Cited by10 cases

This text of 168 N.E.2d 843 (McCauley 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
McCauley v. State, 168 N.E.2d 843, 8 N.Y.2d 938 (N.Y. 1960).

Opinions

In each action: Judgment reversed, with costs in this court and in the Appellate Division, and the judgment of the Court of Claims reinstated. On this record, we are satisfied that a preponderance of the credible evidence favors the determination made in the Court of Claims. So viewed, it cannot reasonably be said in light of all the surrounding circumstances, including the weather and road conditions and the driver’s conduct, that the fatal happening was due to any neglect, failure or omission of the State to perform a duty owed.

Concur: Judges Dye, Fuld, Froessel and Van Voorhis. Chief Judge Desmond dissents in the following opinion in which Judges Burke and Foster concur.

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McCauley v. State
168 N.E.2d 843 (New York Court of Appeals, 1960)

Cite This Page — Counsel Stack

Bluebook (online)
168 N.E.2d 843, 8 N.Y.2d 938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccauley-v-state-ny-1960.