Getti v. State

The above claims were filed for damages alleged to have resulted to claimants on June 28, 1953, while they were passengers in an automobile owned and operated by their son on New York State Route 29-A, when it struck a tree which had fallen across the highway during the day’s storm.

These claims were tried on February 16, 1954, at Utica, New York, and, among other things, a sharply contested issue was whether the tree was decayed and rotten for a time prior to the accident, and did the State have notice of its condition?

At the conclusion of the trial, all parties “ rested ”, evidence was…