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SHAW v. STATE OF NEW YORK

196 Misc. 792 (1949)

Lewis E. Shaw, Claimant, v. State of New York, Defendant. (Claim No. 28782.) Jeanette V. Shaw, Claimant, v. State of New York, Defendant. (Claim No. 28783.)

Court of Claims.

November 17, 1949.

Attorney(s) appearing for the Case

Paul Muscarella for claimant.

Nathaniel L. Goldstein, Attorney-General (Frank M. Noonan of counsel), for defendant.

GORMAN, J.

In the evening of September 7, 1947, claimant Lewis E. Shaw, with his wife and infant son, was driving his 1940 Oldsmobile convertible coupe in a westerly direction along State Highway Route No. 72. It was still daylight and the weather was clear and dry. The macadamized highway in that vicinity is twenty feet wide and is winding and hilly, with sharp curves and grades. At a point near the intersection...

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