BROWN v. STATE OF NEW YORK


199 Misc. 499 (1951)

Bruce Brown, Claimant, v. State of New York, Defendant. (Claim No. 30253.)

Court of Claims.

April 4, 1951.


Attorney(s) appearing for the Case

Herbert G. Kuhn and George J. Skivington, Jr., for claimant.

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


RYAN, J.

On August 18, 1949, there was a heavy rain in the vicinity of Rochester, N. Y. On State Highway Route 383, known as the Scottsville-Mumford Road, near the residence of Paul Skivington, a storm sewer, which was part of the highway, was inadequate to take the quick runoff which flowed from the high land nearby. The water pooled and a stretch of the road was covered with debris and mud. After the rain had stopped, the claimant was driving his automobile...

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