ASCHMUTAT v. STATE


12 A.D.2d 844 (1961)

Marie Aschmutat, Appellant, v. State of New York, Respondent. (Claim No. 33993.) Willy Aschmutat, an Incompetent Person, by Marie Aschmutat, as Committee of His Person and Property, Appellant, v. State of New York, Respondent. (Claim No. 33994.)

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

January 17, 1961


From the intersection at which claimants entered, the pavement of the highway was 20 feet wide for some 173 feet westerly and then abruptly narrowed to 16 feet, the reduction being 2 feet on each side. There was no sidewalk but there did exist a footpath of sorts, at least 5 feet north of the pavement and at some elevation from it. There are contradictions and inconsistencies in the trial court's findings and refusals to find, but it seems to us to have been established that...

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