Karrat Bros. v. State

It was undisputed that on November 25, 1950, an extraordinarily severe wind and rain storm swept across the State. About 10 o’clock that morning a very large elm tree was blown down on the State highway known as route 5 S between the village of Frankfort and the city of Utica. This tree completely blocked the highway at a point about five miles west of Frankfort. The fallen tree carried with it electric power wires which were of high voltage and not insulated. The sun set in the neighborhood of 4:30 p.m. At about 7 o’clock in the evening when it was dark and while the rain and wind continued,…