Appellate Division of the Supreme Court of the State of New York July 15, 1963, Claim No. 36620; Claim No. 36864 (Fincher v. State)

—Appeals by the State from judgments of the Court of Claims which awarded damages for the personal injuries of claimant Fincher and for the death of claimant Lenahan’s intestate, found to have been caused by the State’s negligence in the construction and maintenance of a highway, as the result of which the automobile in which the two men were traveling, while proceeding westerly, downgrade and