STARUCK v. COUNTY OF OTSEGO


285 A.D. 476 (1955)

John Staruck et al., Appellants, v. County of Otsego, Respondent

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

March 9, 1955.


Attorney(s) appearing for the Case

Joseph P. Leary and Francis H. Anderson for appellants.

Sterling P. Harrington, County Attorney (Livingston S. Latham of counsel), for respondent.

BERGAN, COON, IMRIE and ZELLER, JJ., concur.


FOSTER, P. J.

Appeal by plaintiffs from an order and judgment dismissing the complaint herein. The trial court reserved decision on motions made at the close of the plaintiffs' proof and submitted the case to a jury, which found a verdict for plaintiffs in the sum of $8,250.

On March 23, 1951, the plaintiff Emma Staruck was shot and seriously wounded with a .22 calibre rifle in the hands of a delinquent...

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