Abelove's Linen Supply, Inc. v. State

On January 23, 1957, at 6:30 a.m., a driver employed by the claimant was driving north on Route No. 12, a State highway, in an International tractor owned by the claimant. At a point about two miles north of the City of Sherburne, New York, and at a point adjacent to property owned by Clinton Sabin, a large limb fell across the highway striking the tractor and causing the damages alleged in the claim.

The morning was dark and windy but there is no evidence that the storm was unusual or unprecedented.

In front of Sabin’s house were five large maple trees. One half of the tree that struck…