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Osterhout v. State of New York

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 1934
242 App. Div. 889 (N.Y. App. Div. 1934)

Opinion

November, 1934.

Appeal from Court of Claims.


Claimants, husband and wife, sought damages for injuries to the wife, a passenger in an automobile, which was run into by a car driven by a State trooper. Judgments reversed, on the law and facts, with costs to claimants in one action, and claims remitted to the Court of Claims to render judgments in favor of claimants, either party to be permitted to offer further evidence concerning injuries and damages. The court reverses findings of fact numbered 8, 10 and 11 of the decision on the claim of Ella May Osterhout and 5, 8, 9, 11, 12 and 13 of the State's requests to find, and disapproves of all the conclusions of law in said decision and the I, II, III, V and VI conclusions of law in the State's requests to find; also reverses the findings of fact numbered 4, 7, 9 and 10 of the decision on the claim of Leonard Osterhout and the 5, 8, 9, 11, 12 and 13 of the State's requests to find, and disapproves all of the conclusions of law in said decision, and the I, II, III, V and VII conclusions of law in said State's requests to find. Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ., concur.


Summaries of

Osterhout v. State of New York

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 1934
242 App. Div. 889 (N.Y. App. Div. 1934)
Case details for

Osterhout v. State of New York

Case Details

Full title:ELLA MAY OSTERHOUT, Appellant, v. STATE OF NEW YORK, Respondent. (Claim…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 1, 1934

Citations

242 App. Div. 889 (N.Y. App. Div. 1934)