McNAIR v. STATE OF NEW YORK


18 Misc.2d 525 (1959)

David T. McNair, Individually and as Guardian ad Litem of John F. McNair, an Infant, Claimant, v. State of New York et al., Defendants. (Claim No. 34408.)

Court of Claims.

September 3, 1959.


Attorney(s) appearing for the Case

Thomas F. Fanelli and Robert G. Fanelli for claimant.

Louis J. Lefkowitz, Attorney-General (Matthew A. Campbell of counsel), for defendants.


RICHARD S. HELLER, J.

On September 8, 1955, John F. McNair, an infant eight years of age, was walking along a pathway within the right of way of the New England section of the New York State Thruway when the path gave way and he fell some 38 feet to the grade level of the roadway.

The path, in constant use by the public, was at the top of a sheer rock embankment which had been blasted by a contractor...

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