PACE v. STATE


14 A.D.2d 957 (1961)

Jane E. Pace, Respondent, v. State of New York, Appellant. (Claim No. 36297.)

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

November 16, 1961


The State in effect concedes its negligence but contends that the claimant should not have been found free from contributory negligence. On Sunday September 7, 1958 at about 6:00 P.M. respondent was driving her car in a westerly direction up Devil's Elbow Hill on Route 17 near Tioga Center, Tioga County. It had previously rained to some extent. The court found that as she proceeded along the westbound lane the front right wheel of her car dropped into a 4½-inch depression...

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