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HERGUTH v. STATE

25 A.D.2d 930 (1966)

William B. Herguth, Individually, and as Guardian ad Litem for William B. Herguth, Jr., an Infant, Appellant, v. State of New York, Respondent. (Claim No. 36531.)

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

May 26, 1966

Per Curiam.

The claimant, then nearly 12 years old, accompanied two other boys to the park and met other boys there, two of them sons of the park superintendent. The boys obtained air guns belonging to the superintendent's sons from the living quarters of the superintendent and his family in one of the park buildings and shortly engaged in what they termed a war, shooting directly at each other for a period estimated...

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