29 A.D.2d 1040 | N.Y. App. Div. | 1968
Appeal from a judgment in favor of the claimant, entered June 7, 1967 upon a decision of the Court of Claims. The claimant recovered for personal injuries and property damage to his vehicle found to have been caused by the State’s negligent construction and maintenance of a detour. The State does not contest the amount of the award, but urges that the findings of negligence on its part and freedom from contributory negligence upon claimant’s part are against the weight of the evidence. During the reconstruction of State Highway No. 46, traffic was diverted to a gravel shoulder-detour, 620 feet in length and adjacent to the pavement. Claimant entered upon the detour, proceeded thereon at about eight miles per hour and