McCauley v. State , 8 N.Y.2d 938 ( 1960 )

In each action: Judgment reversed, with costs in this court and in the Appellate Division, and the judgment of the Court of Claims reinstated. On this record, we are satisfied that a preponderance of the credible evidence favors the determination made in the Court of Claims. So viewed, it cannot reasonably be said in light of all the surrounding circumstances, including the weather and road conditions and the driver’s conduct, that the fatal happening was due to any neglect, failure or omission of the State to perform a duty owed.

Concur: Judges Dye, Fuld, Froessel and Van Voorhis. Chief Judge Desmond dissents in the following opinion in which Judges Burke and Foster concur.