Opinion
Argued October 5, 1938
Decided October 18, 1938
Appeal from the Supreme Court, Appellate Division, Fourth Department.
A. Lee Olmsted for appellants.
John J. Bennett, Jr., Attorney-General ( Leon M. Layden and Joseph I. Butler of counsel), for respondent.
The evidence supports the finding that the highway was extraordinarily dangerous at the place of the accident and that it was negligence to fail to re-erect a sign which had been maintained and obliterated prior to the accident in suit.
In each case the judgment of the Appellate Division should be reversed and that of the Court of Claims affirmed, with costs in this court and in the Appellate Division.
CRANE, Ch. J., O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur; LEHMAN, J., taking no part.
Judgment accordingly.