Appellate Division of the Supreme Court of New York, 1933

Shaft v. State

Shaft v. State
Appellate Division of the Supreme Court of New York · Decided October 4, 1933
239 A.D. 144; 268 N.Y.S. 160; 1933 N.Y. App. Div. LEXIS 7976

Counsel

John J. Bennett, Jr., Attorney-General [John L. Campbell and Edward E. Brogan, Assistant Attorneys-General, of counsel], for the appellant., J. Carl Fogle, for the respondent.

Shaft v. State

Opinion of the Court

Per Curiam.

We are not convinced by the proofs that the condition at the edge of the pavement of this highway was a proximate cause of the accident or even that it constituted such *145a dangerous condition that a finding of negligence on the part of the State can be predicated thereon even though it had existed for a considerable period of time. The Court of Claims has found that the condition of the road at the time and place of the accident was such that it was safe for any one traveling thereon with an ordinary amount of care ” and that the direct and proximate, cause of the accident was the unskillful, careless and negligent manner in which Clark drove his car.” These findings cover the case and the inconsistent findings of negligence on the part of the State to the effect that negligence of the State was a proximate cause of the accident are contrary to and against the weight of the evidence.

All concur.

Judgment reversed on the law and facts, with costs, and claim dismissed. Certain findings of fact disapproved and reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.