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WHIPPLE v. STATE OF NEW YORK

282 A.D. 557 (1953)

Manley Whipple, as Administrator of The Estate of Daniel M. Whipple, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 31468.)

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

October 28, 1953.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (John R. Davison and Wendell P. Brown of counsel), for appellant.

Mark Heath for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

WHEELER, J.

On this appeal we are to review an award made for the death of claimant's two-year-old son, who was drowned in a drainage ditch which parallels State highway No. 18 on the south side thereof.

The child resided with his parents in a building used as a combination filling station, garage and home, situate on the south side of the highway. Along and within the State's right of way there is an...

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