Guyotte v. State

Appeal by the claimant from a judgment of the Court of Claims dismissing his claim for damages for personal injuries. Claimant alleges that on December 7, 1957 as he was proceeding in an easterly direction along Route 155 in the Town of Colonie, New York, he left the paved portion of the road and struck a rut on the shoulder which precipitated his car into a telephone pole and then a tree. Of course, even assuming the State was negligent in the maintenance or construction of the shoulder, claimant could only recover if he established that an emergency necessitated his driving upon the…