Hafele v. State

At about 11:15 f.m. on September 25,1945, plaintiff was lawfully driving his automobile in a westerly direction on and along Route 5S, a highway then maintained by the State of New York. It was raining hard. At a point about three miles east of Utica a section of the highway collapsed under claimant’s automobile and dropped about four feet. Whereupon the front of the automobile struck that part of the road ahead of it which remained intact and in position. The automobile ivas damaged and claimant sustained personal injuries which required hospital care and medical attention. The part of the…