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SMITH v. McCARTHY

12 A.D.2d 837 (1961)

Anna E. Smith et al., Appellants, v. Donald J. McCarthy et al., Respondents Columbia Gas of New York, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents, v. Dyer-Fitts Construction Company, Inc., et al., Third-Party Defendants-Respondents

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

January 17, 1961

This is an automobile accident case. The accident happened at 12:30 o'clock on the night of November 30, 1956 on Conklin Avenue in the City of Binghamton. The avenue extended east and west and at the time the westerly lane was obstructed by a barrier protecting an excavation in the street. The avenue was 30 feet 6 inches wide and the barrier extended into the westerly lane 12 feet 2 inches, leaving the unobstructed part of the street 18 feet 4 inches. At the time of the accident...

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