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SHAFFER v. COLEMAN

37 A.D.2d 646 (1971)

Betty Shaffer, an Infant, by Euleta Shaffer, Her Parent, et al., Appellants, v. James P. Coleman, an Infant, by Richard Coleman, His Parent, et al., Defendants, and Village of Waverly, Respondent. (And Two Other Actions.)

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

June 24, 1971

At 9:00 P.M. on June 28, 1968 a vehicle driven by James Coleman along the River Road in the Village of Waverly left the road, traveled through brush, weeds and debris and struck the concrete headwall of a culvert demolishing the Coleman car, killing Lucinda Shaffer and injuring Leslie and Betty Shaffer. In this case the appellants seek damage recovery from the respondent based on its negligent design, construction and maintenance of the culvert and headwall. Of course, the...

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