SMYKE v. STATE


282 A.D. 914 (1953)

Edward J. Smyke, as Limited Administrator of The Estate of Kenneth R. Smyke, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 30738.)

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

October 28, 1953.


Judgment reversed on the law and facts, without costs of this appeal to either party and claim dismissed. Certain findings of fact disapproved and reversed and new findings made.

Memorandum:

Decedent, of the age of three and one-half years, was drowned in the "feeder" at the Caledonia fish hatchery. The body was found at the dam of the "feeder", but there is no proof as to where he fell into the water. The "feeder" flows from the creek on the hatchery grounds...

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