EASON v. STATE OF NEW YORK


201 Misc. 336 (1951)

Charles Eason, an Infant, by Edward C. Eason, His Guardian ad Litem, Claimant, v. State of New York, Defendant. (Claim No. 30008.) Edward C. Eason, Claimant, v. State of New York, Defendant. (Claim No. 30009.)

Court of Claims.

May 16, 1951.


Attorney(s) appearing for the Case

Laurence V. Benedict for claimants.

Nathaniel L. Goldstein, Attorney-General (Edward R. Murphy of counsel), for defendant.


LOUNSBERRY, P. J.

Just before they intersect near Mariaville, New York, State Highway Routes 159 and 407 are connected by a short curving spur, which is also a State highway. To the west of this spur, the State highway maintenance crew was in the habit of dumping and burning grass and other trimmings from the shoulders of the nearby highways.

On July 19 and 20, 1948, the highway crew dumped altogether three loads of dry cuttings at this spot forming...

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