Summary
In Shaft v. State, 239 App. Div. 144, 268 N.Y.S. 160, where there was a dangerous perpendicular drop-off from the pavement to the shoulder and a car went out of control and struck another as a result of going over the drop-off, the court held that as a matter of law the defect was not a proximate cause of the accident.
Summary of this case from Ohio Casualty Insurance Co. v. Commonwealth, Department of HighwaysOpinion
October 4, 1933.
Appeal from Court of Claims.
John J. Bennett, Jr., Attorney-General [ John L. Campbell and Edward E. Brogan, Assistant Attorneys-General, of counsel], for the appellant.
J. Carl Fogle, for the respondent.
We are not convinced by the proofs that the condition at the edge of the pavement of this highway was a proximate cause of the accident or even that it constituted such a dangerous condition that a finding of negligence on the part of the State can be predicated thereon even though it had existed for a considerable period of time. The Court of Claims has found "that the condition of the road at the time and place of the accident was such that it was safe for any one traveling thereon with an ordinary amount of care" and "that the direct and proximate cause of the accident was the unskillful, careless and negligent manner in which Clark drove his car." These findings cover the case and the inconsistent findings of negligence on the part of the State to the effect that negligence of the State was a proximate cause of the accident are contrary to and against the weight of the evidence.
All concur.
Judgment reversed on the law and facts, with costs, and claim dismissed. Certain findings of fact disapproved and reversed.