Anthony v. State

The State has moved to dismiss this claim on the ground that it fails to state facts sufficient to constitute a cause of action. The claim alleges that while the claimant was driving along State Highway Route No. 2 in the vicinity of Grafton, New York, at about 5:30 p.m., on November 25, 1949, a spike-horned deer suddenly dove out of the. underbrush and woods along the south side of the highway and struck the claimant’s car, damaging it and injuring the claimant. The claimant charges the State with negligence in failing to cut and remove the brush and woods, in failing to provide any warning…