WELKER v. STATE


284 A.D. 996 (1954)

William L. Welker, Respondent, v. State of New York, Appellant. (Claim No. 31393.)

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

November 18, 1954.


Claimant was operating the automobile in an easterly direction on State Route 23-A, a two-strip highway, between Palenville and Kiskatom, New York. An approaching car was veering over to claimant's side of the road. He moved his car to the right and it slid off the edge of the pavement and into a rut or depression along such edge. The automobile returned to and went diagonally across the highway into a tree. There was evidence that the depression was some five to seven inches...

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