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RUGG v. STATE OF NEW YORK

278 A.D. 216 (1951)

Clayton A. Rugg, Jr., Appellant, v. State of New York, Respondent. (Motion No. 1654.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 9, 1951.

Attorney(s) appearing for the Case

Harold W. Katz and Ernest B. Morris for appellant.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General and Ronald E. Coleman of counsel), for respondent.

BERGAN and COON, JJ., concur with HEFFERNAN, J.; BREWSTER, J., dissents, in an opinion, in which DEYO, J., concurs.

HEFFERNAN, J.

On April 5, 1948, claimant was seriously injured when the automobile which he was operating collided with a bridge located on the State highway between Glens Falls and Hudson Falls. It is asserted that claimant's injuries were sustained solely because of the negligence of the State of New York in the maintenance of the bridge and the approach thereto.

In the treatment and care of his injuries...

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