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EDGETT v. STATE OF NEW YORK

11 Misc.2d 506 (1958)

Erwina Edgett, Claimant, v. State of New York, Defendant. (Claim No. 32969.) Francis Edgett, Claimant, v. State of New York, Defendant. (Claim No. 32970.)

Court of Claims.

May 10, 1958.

Attorney(s) appearing for the Case

Joseph P. Leary for claimants.

Louis J. Lefkowitz, Attorney-General (Edward R. Murphy of counsel), for defendant.

FRED A. YOUNG, J.

On October 15, 1954, at about 10:00 P.M. Francis Edgett and his wife, Erwina Edgett, were returning home from a performance at a drive-in theatre located on Route No. 7 near Oneonta, New York. The Edgetts were riding in a 1950 Dodge half-ton pickup owned by Mr. Edgett and operated by him on that occasion. As the vehicle proceeded north on New York State Highway, No. 318, also known as Route No. 28, and when at a point abreast of a maple...

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