People v. Delaware & Hudson Railroad

Appeal by the State from a judgment of the Supreme Court, entered in Clinton County on March 24, 1969, upon a decision of the court at a Trial Term, without a jury. In July of 1958 Mary Zais and Elizabeth Norton were involved in a one-car accident while proceeding through the community of AuSable Forks on New York State Route 9-N. Zais and Norton filed claims against the State with the Court of Claims and recovered judgments against the State. It appears that, in those prior actions, it was determined that the accident was caused by ruts in and about the defendant’s railroad track as the said…