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DOWEN v. STATE OF NEW YORK

11 Misc.2d 555 (1958)

Elijah E. Dowen, Claimant, v. State of New York, Defendant, (Claim No. 32528.) Eugene S. Dowen, Claimant, v. State of New York, Defendant, (Claim No. 32529.) Effie B. Dowen, as Administratrix of The Estate of Joseph H. Dowen, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 32530.) Harold Nichols, Claimant, v. State of New York, Defendant. (Claim No. 32531.) Great Eastern Fire Insurance Co., Claimant, v. State of New York, Defendant. (Claim No. 32532.)

Court of Claims.

May 29, 1958.

Attorney(s) appearing for the Case

W. S. Barrett for claimants.

Louis J. Lefkowitz, Attorney-General (Joseph A. Cutro of counsel), for defendant.

ALEXANDER DEL GIORNO, J.

On July 26, 1953, at about 1:00 A.M., claimant, Elijah E. Dowen, was operating his 1949 Mercury four-door sedan in a general southerly direction on New York Route 9K, also known as 9N, the Corinth-Luzerne highway, at a speed of 40-45 miles per hour. He had driven over this road only once before, and that was on his trip north in the opposite direction that same night. The weather was...

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