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KERR v. STATE

9 A.D.2d 577 (1959)

Aubrey D. Kerr, as Administrator of The Estate of Vane A. Kerr, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 31662.) Clayton M. Kerr, Appellant, v. State of New York, Respondent. (Claim No. 31663.) Vernon C. Kerr, Appellant, v. State of New York, Respondent. (Claim No. 31664.)

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

August 13, 1959

On November 16, 1952 at 9:00 P.M. a truck driven by claimant Vernon C. Kerr in an easterly direction on State highway Route 3 near the hamlet of Fine in St. Lawrence County went off the road and ran into a concrete culvert abutment six feet from the edge of the pavement. Vane A. Kerr, a passenger was killed; the driver was injured, and the truck owned by claimant Clayton M. Kerr, was wrecked. Claims have been asserted against the State which, after a trial, have been dismissed...

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