Best v. State — 236 N.Y. 662

Majority

p. 662

Frank Best, as Administrator of the Estate of William Best, Deceased, Appellant, v. State of New York, Respondent.

Headnote

State — highways — filling in defect with gravel — failure to maintain barrier along side of road — claim for death through automobile'going over embankment dismissed.

Best v. State of New York, 203 App. Div. 339 , affirmed.

(Argued October 5, 1923;

decided October 23, 1923.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 4, 1922, affirming a judgment in favor of defendant entered upon a decision of the Court of Claims dismissing a claim against the state for the death

p. 663

of plaintiff’s intestate alleged to have been occasioned through the negligence of the state in having loose gravel placed upon the shoulder of a state patroled highway and in failing to provide a sufficient barrier so as to prevent a bus in which decedent was riding as a passenger from going over an embankment after the breaking of its steering geer.

Daniel V. McNamee for appellant.

Carl Sherman, Attorney-General (W- J• Wetherbee of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.