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FLEURY v. STATE

4 A.D.2d 795 (1957)

Mary L. Fleury, Appellant, v. State of New York, Respondent. (Claim No. 33504.) Ralph C. Fleury, Appellant, v. State of New York, Respondent. (Claim No. 33505.) Ralph C. Fleury, Appellant, v. State of New York, Respondent. (Claim No. 33506.)

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

July 23, 1957

The accident which gave rise to these claims for negligence occurred on April 3, 1955 at about 12:30 A.M. on a State highway in Franklin County, when an automobile operated by claimant Ralph C. Fleury came upon a hole or depression in the highway and, either because the car struck the hole or was swerved to avoid it (the findings in this respect being inconsistent), left the highway and overturned. The claimant operator and his wife, the claimant Mary Louise Fleury, thereby...

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