Appellate Division of the Supreme Court of New York, 1948

McCabe v. State

McCabe v. State
Appellate Division of the Supreme Court of New York · Decided May 12, 1948
273 A.D. 1048; 78 N.Y.S.2d 687
McCabe v. State

Opinion of the Court

— Appeal from a judgment of the Court of Claims dismissing claim. Claimant was an inmate of the Rockland State Hospital for the mentally ill, and a sufferer from dementia praecox. He, with three or more inmates, under the direction of a supervisor, was engaged in loading coal into a mechanized conveyor. The attendant had warned this claimant and others to keep away from gears which operated the machine. The proof did not sustain a recovery and the dismissal of the claim was proper. (Excelsior Iks. Go. of N. Y, V. State of New York, 296 N. Y. 40; Flaherty v. State of New York, 296 N. Y. 342.) Judgment unanimously affirmed, without costs. Present — Hill, P. J., Brewster, Foster, Russell and Deyo,. JJ. [190 Mise. 11.]

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