O'DONNELL v. KILEY


285 A.D. 1108 (1955)

Katherine O'Donnell, as Administratrix of The Estate of Charlotte McPherson, Deceased, Appellant, v. Kathryn M. Kiley, as Executrix of Joseph L. Kiley, Deceased, Respondent

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

April 1, 1955.


Plaintiff's intestate was struck by an automobile owned and driven by Joseph L. Kiley, deceased, while she was walking across Broadway in Saratoga Springs, near the corner of Division Street. It was a rainy night. There was no traffic control signal at the corner. All of the evidence tends to establish that plaintiff's intestate was walking at a normal rate for an elderly lady from east to west within the marked lines of a crosswalk, and had reached a point slightly to the...

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