The claims were jointly tried. They arose from an automobile accident wherein the claimant, driving his wife's car in which she was riding, so operated it, about midnight, down a grade at a right hand curve, as he was proceeding westerly on State Highway Route No. 81, near Cooksburg, N. Y., that it swayed or skidded off the highway and went down an embankment to its left as it had been proceeding. It was a clear summer night and the concrete road pavement was in good condition...
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