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MacGOWAN v. STATE

286 A.D. 928 (1955)

Harry E. MacGowan, Appellant, v. State of New York, Respondent. (Claim No. 30327.) Hazel Kross, as Administratrix of The Estate of Walter M. Kross, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 30341.) Michael J. O'Heaney, as Administrator of The Estate of Vincent J. O'Heaney, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 31265.)

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

July 7, 1955.

On April 2, 1950, at about 4:30 o'clock in the morning, claimant MacGowan was driving his car in which the two decedents were passengers in a northerly direction on a State highway known as Route 9-W. Near the point where Jericho Road joins Route 9-W on the west, Route 9-W curves to MacGowan's right as he proceeded in a northerly direction. His car failed to negotiate the curve but continued in a substantially straight course, left the highway on the west side, and crashed...

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