Wager v. State
| Court | New York Court of Appeals |
| Writing for the Court | The Court of Claims, Bernard Ryan; The Appellate Division, Bergan; FOSTER |
| Citation | 7 N.Y.2d 945,198 N.Y.S.2d 316 |
| Decision Date | 25 February 1960 |
| Parties | , 165 N.E.2d 878 William WAGER, Respondent-Appellant, v. STATE of New York, Appellant-Respondent. |
Page 316
v.
STATE of New York, Appellant-Respondent.
Appeal from Supreme Court, Appellate Division, Third Department, 8 A.D.2d 236, 187 N.Y.S.2d 445.
Passenger in automobile filed a claim against the State of New York for injuries sustained when automobile failed to negotiate a curve, which was part of approach to bridge, with result that left side of automobile struck bridge abutment at night.
The Court of Claims, Bernard Ryan, J., rendered judgment dismissing the claim, and the passenger appealed.
The Appellate Division, Bergan, J., 8 A.D.2d 236, 187 N.Y.S.2d 445, reversed the judgment on the law and the facts, directed judgment for passenger, and held that evidence sustained finding that the State of New York was negligent in maintenance of highway at site of accident and warranted finding that such negligence was a causative factor in occurrence of the accident.
The Appellate Division, 9 A.D.2d 696, 191 N.Y.S.2d 921, denied motion for reargument.
The State of New York appealed to the Court of Appeals, contending that though negligence on the part of the State might be premised on failure to erect signs calling attention to the curve and the bridge, and on failure to install lights and reflectors on the bridge, yet the manner of the happening of the accident, insofar as claimant's witnesses threw light on it, was not such as to make the negligence of the State the proximate cause of the accident.
Page 317
[165 N.E.2d 879] [7 N.Y.2d 947] Louis J. Lefkowitz, Atty. Gen. (Paxton Blair, Sol. Gen., Albany, of counsel), for defendant-appellant-respondent.
N. LeVan Haver, Kingston (Charles H. Gaffney, Kingston, of counsel), for plaintiff-respondent-appellant.
Judgment affirmed, with costs to the claimant.
All concur.
FOSTER, J., taking no part.
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...this State have held that a municipality can be held liable for failure to install traffic control signs (see Wager v. State of New York, 7 N.Y.2d 945, 947, 198 N.Y.S.2d 316, 165 N.E.2d 878 [1960] ); failure to repaint faded road stripes (see Henriquez v. Parsippany Constr. Co., Inc., 62 A.......
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Wittorf v. City of N.Y.,
...this State have held that a municipality can be held liable for failure to install traffic control signs ( see Wager v. State of New York, 7 N.Y.2d 945, 947, 198 N.Y.S.2d 316, 165 N.E.2d 878 [1960] ); failure to repaint faded road stripes ( see Henriquez v. Parsippany Constr. Co., Inc., 62 ......
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...contending that issue whether he was guilty of contributory negligence was properly submitted to the jury as a question of fact. Page 316 [7 N.Y.2d 945] Warren W. Wells, White Plains (James D. Maher, White Plains, of counsel), for William J. Tropp, New York City (Solomon Boneparth, New York......
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Wittorf v. City of N.Y., No. 101
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Wittorf v. City of N.Y.,
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