WAFFLE v. STATE


282 A.D. 1102 (1953)

Harold Waffle, Individually and as Administrator of The Estate of Donald Waffle, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 31299.)

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

December 22, 1953.


Dismissal was directed on the trial at the conclusion of claimant's case. In the early evening of January 30, 1952, decedent left his home at South Edmeston, Otsego County, to hitchhike to New Berlin, Chenango County. The night was cold and windy. He was observed walking along Route 8 about seven that evening. During the night of January thirty-first he was found in the cellar of a building, suffering from severe head injuries and exposure, lying among broken cement posts...

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