GEORGE v. COUNTY OF ERIE


66 Misc.2d 871 (1971)

Samuel George, Individually and as Administrator of The Estate of Rosetta George, Deceased, Plaintiff, v. County of Erie et al., Defendants.

Supreme Court, Erie County.

June 24, 1971


Attorney(s) appearing for the Case

Miserendino, Krull & Foley (Samuel R. Miserendino of counsel), for plaintiff. Kennedy & Smith (J. Leo Kennedy of counsel), for County of Erie, defendant. Adams, Brown, Starrett & Maloney (John Y. Gallup of counsel), for Sheriff of Erie County, defendant.


JOSEPH P. KUSZYNSKI, J.

In a heavy snow storm at about 3:20 A.M. on December 7, 1964, a Sheriff's vehicle patrolling a county road struck two pedestrians, plaintiff and his wife, resulting in serious injury to plaintiff and the death of his wife.

The vehicle was being driven at a speed of 35 miles per hour with visibility between 25 to 30 feet. The pedestrians, both residents of the Cattaraugus Reservation...

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