SCHMOLL v. LUTHER


36 A.D.2d 996 (1971)

Howard Schmoll et al., Respondents, v. Melvin C. Luther, Appellant

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

May 18, 1971


Old Stage Road is a public highway running in a generally easterly and westerly direction in the Town of Dryden, Tompkins County, the macadam pavement of which is about 20 feet wide. Plaintiffs produced testimony: that on the north side of the road, in front of plaintiffs' home, the shoulder and a ditch were about 14 feet wide, there being a "slant-off" from the pavement to the bottom of the ditch of about one foot; that at about 5 o'clock in the afternoon on April 29, 1967...

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