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McDEVITT v. STATE OF NEW YORK

286 A.D. 665 (1955)

Maryanne Mcdevitt, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 31246.) Consula J. Herron, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 31247.)

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

November 23, 1955.

Attorney(s) appearing for the Case

John T. DeGraff and Harold R. Soden for appellants-respondents.

Jacob K. Javits, Attorney-General (John R. Davison and James O. Moore, Jr., of counsel), for respondent-appellant.

COON and HALPERN, JJ., concur with FOSTER, P. J.; BERGAN, J., dissents in an opinion, in which ZELLER, J., concurs.

FOSTER, P. J.

These are appeals by the State from judgments of the Court of Claims, one in favor of the claimant McDevitt in the sum of $4,062.86, and the other in favor of the claimant Herron in the sum of $42,607.01, for injuries sustained in an automobile accident.

The accident happened in Franklin County near a place known as Brighton's Corners. There a State highway, known as Route 192, turns sharply...

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