George v. County of Erie

In a heavy snow storm at about 3:20 a.m. on December 7, 1964, a Sheriff’s vehicle patrolling a county road struck two pedestrians, plaintiff and his wife, resulting in serious injury to plaintiff and the death of his wife.

The vehicle was being driven at a speed of 35 miles per hour with visibility between 25 to 30 feet. The pedestrians, both residents of the Cattaraugus Reservation, were drinking before the accident; the testimony concerning the extent of their drinking is in dispute. The ear was heading south as were the pedestrians. Uncontroverted was plaintiff’s testimony that prior to the…