KELLY v. STATE


282 A.D. 799 (1953)

John Kelly, Appellant, v. State of New York, Respondent. (Claim No. 29906.)

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

July 2, 1953.


The accident which is the basis of the claim occurred March 9, 1949, somewhat after 6.00 P.M., while he was operating his vehicle in a westerly direction on a two-strip concrete pavement of the Troy-Schenectady highway, somewhat beyond Latham traffic circle. In the area of the accident the shoulder of the highway was lower than the surface of the pavement for a distance of at least 150 to 200 feet. Claimant stated that a motorist approaching from the west, "straddling" the...

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