EASON v. STATE OF NEW YORK


280 A.D. 358 (1952)

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

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 13, 1952.


Attorney(s) appearing for the Case

Laurence V. Benedict for appellants.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Henry S. Manley of counsel), for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.


BERGAN, J.

On July 19 and 20, 1948, a State highway maintenance crew near Mariaville dumped three loads of dry grass and other material cut from the shoulders of highways in a pile fifteen to twenty feet long and six to eight feet in width and height. The pile was placed in an open area twenty to twenty-five feet west of the pavement of the road. It is not clear whether the site was on State or private land but...

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