New York Court of Appeals
Olive Applebee, as Administratrix of the Estate of Charles W. Applebee, Deceased, Respondent v. State of New York…
May 26, 1955308 N.Y. 502
Summary
The New York Court of Appeals reversed the Appellate Division and reinstated the Court of Claims, holding that the State's failure to maintain a stop sign was not a proximate cause of the accident and that the plaintiff's gross negligence was the sole proximate cause. The dissent argued the opposite, affirming the Appellate Division.