Olive Applebee, as Administratrix of the Estate of Charles W. Applebee, Deceased, Respondent v. State of New York…

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the Court of Claims judgment, holding that the State was not negligent and that the plaintiff's gross negligence was the sole proximate cause of the accident. Justice Fuld reasoned that the missing stop sign did not affect the plaintiff's conduct, which was already negligent, and therefore the State's failure to replace the sign contributed nothing to the collision. The dissent argued that the State’s negligence was a proximate cause and should have been affirmed.