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FOLEY v. STATE OF NEW YORK

279 A.D. 954 (1952)

Robert Foley, Appellant, v. State of New York, Respondent. (Claim No. 28893.) Jeanne C. Daudelin, an Infant, by Edmund Daudelin, Her Guardian ad Litem, et al., Appellants, v. State of New York, Respondent. (Claim No. 28894.) Edmund Daudelin, Appellant, v. State of New York, Respondent. (Claim No. 28895.) John Clifford, Appellant, v. State of New York, Respondent. (Claim No. 28896.) Edward J. MacDuff, Jr., Appellant, v. State of New York, Respondent. (Claim No. 28946.) Marion MacDuff, Appellant, v. State of New York, Respondent. (Claim No. 28947.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 12, 1952.

All of the claimants-appellants (except Edmund Daudelin who claims derivatively on account of injuries to his daughter, the infant claimant, Jeanne C. Daudelin), sustained severe personal injuries when the automobile in which they were riding, driven by claimant Edward Joseph MacDuff, Jr., left a State highway in rounding a curve, and collided with a tree. After trial in the Court of Claims all of the claims were dismissed upon the ground that the accident was caused solely...

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