WATERFALL v. TAYLOR


35 A.D.2d 619 (1970)

Harold Waterfall, Appellant, v. Dennis D. Taylor, Respondent

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

July 8, 1970


COOKE, J.

The complaint alleges that, while plaintiff was "walking as a pedestrian on the shoulder of the Bruceville Road and off the paved portion" of said road and "in fact, even farther off the shoulder of the road and onto private property", a vehicle owned and operated by defendant left the paved portion of said highway and struck him. The bill of particulars specifies that the accident occurred "off the road and off the shoulder and on the lawn...

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