Roth v. State

Appellate Division of the Supreme Court of New York

Roth v. State

263 A.D. 1062, 35 N.Y.S.2d 462, 1942 N.Y. App. Div. LEXIS 8054

Appellate Division of the Supreme Court of the State of New York·Decided March 25, 1942·No. Claim No. 25302·Published·Cited by 2 cases

Opinion

Judgment affirmed, with costs. All concur, except Crosby, P. J., and Taylor, J., who dissent [1063]*1063and vote for reversal and for dismissal of the claim on the grounds as a matter of law there was no negligence upon the part of the State; as matter of law decedent was guilty of contributory negligence; and, in any event, decedent was at most a bare licensee. (The judgment awards damages for the death of claimant’s intestate resulting by reason of dangerous condition of swimming beach.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.

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Judgment affirmed, with costs. All concur, except Crosby, P. J., and Taylor, J., who dissent [1063]*1063and vote for reversal and for dismissal of the claim on the grounds as a matter of law there was no negligence upon the part of the State; as matter of law decedent was guilty of contributory negligence; and, in any event, decedent was at most a bare licensee. (The judgment awards damages for the death of claimant’s intestate resulting by reason of dangerous condition of swimming beach.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.

Roth v. State, 263 A.D. 1062, 35 N.Y.S.2d 462, 1942 N.Y. App. Div. LEXIS 8054 (N.Y. Ct. App. 1942).

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Opinion

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