NORTON v. STATE


19 A.D.2d 686 (1963)

Elizabeth M. Norton, Respondent, v. State of New York, Appellant. (Claim No. 38007.) Mary N. Zais, Respondent, v. State of New York, Appellant. (Claim No. 38008.)

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

June 27, 1963


The accident here involved, occurred at 1:30 P.M. on July 11, 1958 as respondents were proceeding on Route 9N through the community of Ausable Forks. The testimony indicates it had rained intermittently during the day and that the pavement was wet. Respondent Zais, the driver of the vehicle, testified that while proceeding at an estimated speed of 20 miles per hour they approached a point where the tracks of the Delaware & Hudson Railway join and gradually cross the highway...

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