Opinion
March 12, 1952.
Appeal from Court of Claims.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
At about 2:30 A.M., on August 7, 1950, an automobile left the highway known as Route 20 in the town of Guilderland and broke off a utility pole, causing three live wires attached to the pole to be brought to the ground. Two State policemen were sent to the scene. They called for an ambulance, a wrecking car, and caused the power company to be notified. Subsequently two more State troopers arrived. Because of a guy wire stretched across the road at a low level it was necessary to maintain one-way traffic and to stop large trucks. Decedent came to the scene at the request of his brother, who operated the wrecker. Decedent did not come with the wrecker, however, but came in his own car, and in walking toward the damaged automobile came in contact with the live wires on the ground near the shoulder of the road and was electrocuted. The negligence asserted is the failure of the troopers to rope off or enclose or illuminate the area or to warn the decedent. The evidence fails to establish that any act of omission or commission on the part of the State police was the proximate cause of the decedent's death, and the evidence sustains the judgment of the Court of Claims. Judgment unanimously affirmed, without costs.