HERENDEEN v. STATE OF NEW YORK


197 Misc. 749 (1949)

Mary K. Herendeen, Claimant, v. State of New York, Defendant. (Claim No. 28789.) Thomas Herendeen, Claimant, v. State of New York, Defendant. (Claim No. 28790.) Mary R. Weiland, Claimant, v. State of New York, Defendant. (Claim No. 28791.)

Court of Claims.

January 19, 1949.


Attorney(s) appearing for the Case

Harry A. Sessions and Arthur T. Pammenter for claimants.

Nathaniel L. Goldstein, Attorney-General (Arthur W. Mattson, Sidney B. Gordon and Lewis C. Ryan of counsel), for defendant.


LOUNSBERRY, P. J.

The above claims arise from the alleged negligence of a State trooper in forcing the automobile in which the claimants were riding off the highway and causing it to overturn, resulting in personal injuries to all three of the claimants and damage to the automobile. The claims were tried together and are thus disposed of here.

The testimony is in sharp conflict. We shall consider first...

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