BROWN v. STATE


284 A.D. 1014 (1954)

Lyra C. Brown, as Administratrix of The Estate of Mayo Brown, Deceased, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 28838.) Lyra C. Brown, Appellant, v. State of New York, Respondent. (Claim No. 28839.)

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

November 24, 1954.


Claimant, Lyra C. Brown, was driving an automobile, owned by her husband, in a westerly direction on a newly constructed section of a concrete State highway when she lost control of the vehicle and it crossed to the south side of the highway, went down an embankment, and caused severe injuries to claimant. Although the road was open to traffic in both directions, the north shoulder of the highway was uncompleted, soft, uneven and, in places, was several inches below the level...

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