TUERCK v. STATE OF NEW YORK


196 Misc. 300 (1947)

Emma Tuerck, as Administratrix of The Estate of Richard Tuerck, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 27467.)

Court of Claims.

June 26, 1947.


Attorney(s) appearing for the Case

Samuel L. Greenberg for claimant.

Nathaniel L. Goldstein, Attorney-General (Arthur W. Mattson and Edward R. Murphy of counsel), for defendant.


BARRETT, P. J.

Claimant's intestate, her son, aged a little less than six years, while playing with a young companion at Ore Pit Pond in Taconic State Park, fell into the water and was drowned.

This claim was filed to recover from the State the damages caused by the death of the infant. In an accompanying decision, the facts are stated in detail and need not be repeated here.

The pond was divided...

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