DUNHAM v. VILL. OF CANISTEO


303 N.Y. 498 (1952)

Helen M. Dunham, as Administratrix of The Estate of Charles L. Dunham, Deceased, Appellant, v. Village of Canisteo et al., Respondents.

Court of Appeals of the State of New York.

Decided March 13, 1952


Attorney(s) appearing for the Case

Albert Hollis and Wilbur F. Knapp for appellant.

W. Earle Costello and Morris H. Barash for respondents.

LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


CONWAY, J.

At about 4:45 of the afternoon of March 3, 1949, a windy, freezing day — the plaintiff's intestate, Charles Lee Dunham, a man seventy-six years of age, was found on the floor of the fire station of the village of Canisteo, New York, by the village fire commissioner. The latter asked him if he was hurt but his answer was incoherent and he appeared to be suffering from the cold. The commissioner...

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