SCHNURR, JR. v. STATE OF NEW YORK


279 A.D. 1119 (1952)

Max Schnurr, Jr., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 29894.)

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

May 7, 1952.


On October 31, 1948, claimant was a passenger in an automobile owned by him while the same was being operated by his authorized agent. The car was being operated in St. Lawrence County on New York State highway No. 3, which was a two-strip concrete highway, 16 feet in width with dirt shoulders from 3½ to 4½ feet wide. The shoulders were irregular. As the driver of the car in which claimant was a passenger neared the scene of the accident it appeared to he that another...

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