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Spink v. State

255 A.D. 824 Court N.Y. App. Div. Decision date 1938-10-05 Docket Claim No. 23595 English

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p. 824
Cora L. Spink, as Administratrix, etc., of Fanny M. Lincoln, Appellant, v. The State of New York, Respondent.
(Claim No. 23595.)

— Judgment affirmed, with costs. Memorandum: The proximate cause of the accident was the fact that the tractor and trailer as they descended the hill were not under the control of the operator. No negligence on the part of the defendant was shown either as to the construction of the road or as to defects or as to signs. All concur. (The judgment dismisses a claim for damages due to negligence in highway maintenance.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.