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MAX SCHNURR, JR., Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 29894.)

The claimant has cross-appealed on the ground that the award was inadequate. On October 31, 1948, claimant was a passenger in an automobile owned by him while the same was being operated by his authorized agent. The car was being operated in St. Lawrence County on New York State highway No. 3, which was a two-strip concrete highway, 16 feet in width with dirt shoulders from 3 1/2 to 4 1/2 feet wide. The shoulders were irregular. As the driver of the car in which claimant was a passenger neared the scene of the accident it appeared to he that another car, coming from the opposite direction, was partly on her side. She pulled her car slightly to the right and the right wheels of the vehicle dropped off the concrete and onto the soft shoulder. She attempted to pull the car back on the pavement and while doing so the right front tire skidded along the vertical edge of the concrete and suddenly the car jumped up, shot across the highway and collided with the oncoming car. On this appeal the State concedes that it was negligent. It excepts only to the finding that the driver of claimant's car was not guilty of contributory negligence and to the amount of damages awarded. The Court of Claims found that the driver was not negligent and that claimant was entitled to recover the amount previously indicated. We think the proof sustains the findings of the Court of Claims. In view of the nature and extent of claimant's injuries we believe that the award of $17,900 is inadequate and the award is increased from $17,900 to $30,000, and the judgment modified accordingly, and as so modified, on the law and facts, is affirmed, without costs to either party. The form of the order to be entered hereon may be settled before any Justice of this court on two days' notice. Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ., concur.

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SCHNURR v. STATE
(May 7, 1952)