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Schwingle v. State

Appellate Division of the Supreme Court of New York, Third Department
Apr 29, 1966
25 A.D.2d 789 (N.Y. App. Div. 1966)

Opinion

April 29, 1966


Appeal from judgment dismissing a negligence claim. The claimant on November 7, 1960 at approximately 8:00 A.M. on a clear day, the road dry and bare, entered a two-lane blacktop surface bridge which was covered with a transparent sheet of ice; the automobile went into a spin, struck the bridge girder and the claimant was injured. The claimant charged negligence on the part of the State for failure to sand or salt the bridge floor and failing to have an appropriate warning sign. We find no reason to modify the principles expressed in Knowles v. State ( 20 A.D.2d 738). We find it applicable to the present facts and accordingly it is controlling and decisive. Judgment affirmed, without costs. Gibson, P.J., Reynolds, Taylor and Aulisi, JJ., concur.


Summaries of

Schwingle v. State

Appellate Division of the Supreme Court of New York, Third Department
Apr 29, 1966
25 A.D.2d 789 (N.Y. App. Div. 1966)
Case details for

Schwingle v. State

Case Details

Full title:WESTON SCHWINGLE et al., Appellants, v. STATE OF NEW YORK, Respondent…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 29, 1966

Citations

25 A.D.2d 789 (N.Y. App. Div. 1966)