JACOBS v. STATE OF NEW YORK


276 A.D. 452 (1950)

Ida Jacobs, as Limited Administratrix of The Estate of Louis Jacobs, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 28829.)

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

March 8, 1950.


Attorney(s) appearing for the Case

Morris Simon, James H. Glavin, Jr., and George H. Wein for appellant.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General and Henry S. Manley of counsel), for the respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and BERGAN, JJ., concur.


COON, J.

Decedent was driving a light truck in a northerly direction on State Highway Routes 4 and 29 a short distance south of Northumberland, when tracks indicate his vehicle left the highway on the east side at nearly right angles and traveled approximately thirty-five feet down a gradual incline into the Hudson River, where it was completely submerged. The record does not disclose that the accident was witnessed...

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