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FITZGERALD v. STATE OF NEW YORK

284 A.D. 790 (1954)

Almeda E. Fitzgerald, as Administratrix of The Estate of Vance H. Fitzgerald, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 27896.)

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

November 18, 1954.

Attorney(s) appearing for the Case

Jack Goodman, James H. Hyer and Franklin P. Gavin for appellant.

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

BERGAN, J. P., COON, HALPERN, IMRIE and ZELLER, JJ., concur.

Per Curiam.

Claimant was injured on Route 385 within the village of Athens when his automobile struck an object and tipped over. On the trial of the claim against the State of New York there was some proof that the object, a log or railroad tie, extended from the shoulder three or four inches onto the pavement; and claimant's contention on the trial was that this was the location of the object. The court found, however...

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