BICE v. STATE


282 A.D. 1098 (1953)

Blanche B. Bice, as Administratrix of The Estate of Frank H. Bice, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 30813.) Gerald M. Bogardus, as Administrator of The Estate of Donald H. Bogardus, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 30814.)

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

December 22, 1953.


The two decedents were last seen alive shortly before they started upon an automobile ride on a State highway paralleling the Oswegatchie River. Several weeks later, the automobile and the bodies of two decedents were found in the river. No one knows the circumstances under which the automobile left the highway. The only claim of negligence is that there was no guardrail between the highway and the bank of the river. The road was level and straight in the vicinity of the...

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