Smith v. State

Memorandum. The order of the Appellate Division should be affirmed, without costs.

On August 17, 1973 claimant, Virginia Ana Smith, and Robert Charles Kruseck, Sr., the decedent, were picnicking with her daughter and their son on land recently acquired by the State by condemnation. The decedent was accidentally drowned when he went to the rescue of claimant’s infant daughter who had wandered into a pond on the State land.

On November 7, 1973 claimant, describing herself "as parent and natural guardian of Robert Charles Kruseck, Jr.”, the infant son, served on the Attorney-General a notice of…