Wilkinson v. State

These two claims are the result of an automobile accident which occurred at about 5:15 p.m. on Sunday, November 26, 1950 on a State highway known as Route 5 at Lairdsville in Oneida County, New York, when an automobile driven by Charles N. Wilkinson, with Iva A. Wilkinson as a passenger, collided with a fallen tree. In this area Route 5 consisted of two lanes 22 feet in width for west bound traffic and two lanes 22 feet in width for east bound traffic divided by a slightly raised two-foot concrete wall.

On November 25, 1950, there was a wind and rain storm of such violence that 325 trees were…