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FLEURY v. STATE

9 A.D.2d 838 (1959)

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.

November 13, 1959

One claimant, Ralph C. Fleury, was the owner and operator of the automobile involved in the accident, and the other claimant is his wife, Mary Louise Fleury, who was a passenger in the car at the time. The accident occurred when the car carrying the claimants struck a hole in the highway, ran out of control through a fence and overturned. The court below found the State negligent in the maintenance of the highway at the point of the accident, but it also found each of the...

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