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JACOBS v. STATE OF NEW YORK

198 Misc. 406 (1950)

Mildred F. Jacobs, Claimant, v. State of New York, Defendant. (Claim No. 29421.) Walton O. Patnode, Claimant, v. State of New York, Defendant. (Claim No. 29422.) Elizabeth Skeels, Claimant, v. State of New York, Defendant. (Claim No. 29423.) Fidelity and Guaranty Insurance Corp., Claimant, v. State of New York, Defendant. (Claim No. 29421-A.)

Court of Claims.

July 26, 1950.

Attorney(s) appearing for the Case

Francis Barry Cantwell and Thomas Barry Cantwell for claimants.

Nathaniel L. Goldstein, Attorney-General (Burns F. Barford of counsel), for defendant.

LOUNSBERRY, P. J.

In the evening of November 13, 1948, the claimant, Mildred Farnsworth Jacobs, accompanied by the claimant, Elizabeth Skeels, drove to an establishment known as Sparky's Tavern, arriving at about 11:00 P.M. At that time it was raining but the highway was not slippery. When they left, however, around 1:15 A.M., in company with the claimant, Walton O. Patnode, they discovered that the ground and...

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