On June 1, 1969, at about 8:00 P.M., William P. Cook, 21, sustained fatal injuries when the motorcycle he was operating hit a series of potholes and plunged off a culvert on Old Route 20, a public highway under the maintenance and control of the Town of Nassau, in Rensselaer County. John H. Lynch, then 18, was a passenger on this vehicle and sustained personal injuries. The primary question to be determined on this appeal is whether it was erroneous for the trial court to...
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