Ryan v. State

Claimant, while driving his car northerly along the State highway between Antwerp and Grouverneur about dusk on March 8, 1939, met with painful injuries which, *371he alleges, were caused by the negligent construction and maintenance of said highway.

The State’s defense rests upon the two propositions that (a) claimant was “ driving his car in a negligent manner ” at such time, and (b) that “ Section 58 of the Highway Law expressly exempts the State from liability for damages suffered by any person by defects in a State highway except between the first day of May and the fifteenth day of November…