Van De Walker v. State

17 N.E.2d 128 | NY | 1938

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *456 The evidence supports the finding that the highway was extraordinarily dangerous at the place *457 of the accident and that it was negligence to fail to re-erect a sign which had been maintained and obliterated prior to the accident in suit.

In each case the judgment of the Appellate Division should be reversed and that of the Court of Claims affirmed, with costs in this court and in the Appellate Division.

CRANE, Ch. J., O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur; LEHMAN, J., taking no part.

Judgment accordingly.

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