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Eastman v. State

Court of Appeals of the State of New York
Dec 6, 1951
103 N.E.2d 56 (N.Y. 1951)

Summary

In Eastman we rejected the very defense here held to be an absolute one: that is, the defense that the malfunctioning of this light was the result of governmental planning by qualified officers.

Summary of this case from Weiss v. Fote

Opinion

Argued October 10, 1951

Decided December 6, 1951

Appeal from the Supreme Court, Appellate Division, Third Department, GORMAN, J.

John Lo Pinto for appellants.

Nathaniel L. Goldstein, Attorney-General ( Henry S. Manley and Wendell P. Brown of counsel), for respondent.



In each action: Judgment of the Appellate Division reversed and that of the Court of Claims affirmed, with costs in this court and in the Appellate Division, upon the ground that the weight of the evidence supports the findings of the Court of Claims. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DYE and FROESSEL, JJ. Dissenting: DESMOND and FULD, JJ., who vote to affirm upon the opinion of the Appellate Division.


Summaries of

Eastman v. State

Court of Appeals of the State of New York
Dec 6, 1951
103 N.E.2d 56 (N.Y. 1951)

In Eastman we rejected the very defense here held to be an absolute one: that is, the defense that the malfunctioning of this light was the result of governmental planning by qualified officers.

Summary of this case from Weiss v. Fote

In Eastman, and in Murphy and Nuss as well — the latter two cases involving night collisions at unfamiliar crossings — it was the very absence of the stop sign which rendered the drivers unaware of the need to stop before proceeding across the intersection.

Summary of this case from Applebee v. State of New York

In Eastman v. State of New York, 303 N.Y. 691, 103 N.E.2d 56 (1951), the State had maintained a stop sign but then ordered the sign to be removed pursuant to a survey by the State Traffic Commission four years prior to the accident.

Summary of this case from Chang v. City of N.Y.
Case details for

Eastman v. State

Case Details

Full title:JOHN EASTMAN, as Administrator of the Estate of SANDRA EASTMAN, Deceased…

Court:Court of Appeals of the State of New York

Date published: Dec 6, 1951

Citations

103 N.E.2d 56 (N.Y. 1951)
103 N.E.2d 56

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