Wilkinson v. State
| Court | New York Court of Claims |
| Writing for the Court | RICHARD S. HELLER |
| Citation | 178 N.Y.S.2d 55,4 N.Y.2d 369,14 Misc.2d 616 |
| Parties | Charles N. WILKINSON, Claimant, v. The STATE of New York. Iva A. WILKINSON, Claimant, v. The STATE of New York. |
| Decision Date | 23 September 1958 |
Page 55
v.
The STATE of New York.
Iva A. WILKINSON, Claimant,
v.
The STATE of New York.
Page 56
[14 Misc.2d 617] Ferdinand D. Tomaino, Utica, for claimants.Louis J. Lefkowitz, Atty. Gen., Edward R. Murphy, Asst. Atty. Gen., of counsel, for the State.
RICHARD S. HELLER, Judge.
These two claims are the result of an automobile accident which occurred at about 5:15 P.M. on Sunday, November 26, 1950 on a State Highway known as Route 5 at Lairdsville in Oneida County, New York, when an automobile driven by Charles N. Wilkinson, with Iva A. Wilkinson as a passenger, collided with a fallen tree. In this area Route 5 consisted of two lanes 22 feet in width for west bound traffic and two lanes 22 feet in width for east bound traffic divided by a slightly raised two foot concrete mall.
On November 25, 1950, there was a wind and rain storm of such violence that 325 trees were blown down in Oneida County on that day. Late on that day, a very large box elder located on property owned by Albert J. Jennings on the south side of Route 5 in Lairdsville, was blown down. Prior to that time, the tree was apparently healthy and there was
Page 57
no indication that its falling was caused by anything other than the storm. After the tree fell, it lay across the road so that it blocked both the east and west bound lanes.The State Police were notified of this particular fallen tree on November 25, 1950. No action was taken by the State with regard to this fallen tree from that time until the accident on November 26, 1950, a period of almost 24 hours.
Members of the Lairdsville Volunteer Fire Department and other volunteers obtained all available flares of type known as 30-minute flares from the State Police Barracks at New Hartford and used them on the night of November 25th. These volunteers also directed traffic and cut away a sufficient part of the tree so that all of the west bound lanes of traffic were unobstructed.
On November 26th, up to the time of the accident, the east bound traffic lanes remained almost completely obstructed by a large section of the fallen tree including a substantial part of the main trunk which was approximately three feet in diameter. As Charles N. Wilkinson drove easterly on Route 5, there were no signs, flares or barricades of any kind to warn him or any east bound traffic of this obstruction.
[14 Misc.2d 618] At...
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...of the Court of Claims, the claimants and the State duly submitted proposed findings. The Trial Judge, in his memorandum decision, 14 Misc.2d 616, 178 N.Y.S.2d 55, 58 stated that the requests by both parties were 'not acted upon since the requests consist almost entirely of a restatement Pa......
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Kingsley International Pictures Corporation v. Regents of the University of the State of New York, No. 394
...'because its subject matter is adultery presente as being right and desirable for certain people under Page 688 certain circumstances.'9 4 N.Y.2d 369, 178 N.Y.S.2d 55, 151 N.E.2d 208 (concurring opinion). We accept the premise that the motion picture here in question can be so characterized......
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Wilkinson v. State, No. 30979
...of the Court of Claims, the claimants and the State duly submitted proposed findings. The Trial Judge, in his memorandum decision, 14 Misc.2d 616, 178 N.Y.S.2d 55, 58 stated that the requests by both parties were 'not acted upon since the requests consist almost entirely of a restatement Pa......