Bergmans v. State

— Appeal from a judgment of the Court of Claims. Decedent was killed on September 14, 1951, at about 9 :45 p.m. as he was driving home from his work over the Saratoga-Bemis Heights highway during a heavy downpour of rain. The road was a two-strip concrete pavement, sixteen feet wide, with shoulders of dirt and grass. The growth of grass commenced about fifteen inches from the pavement. Due in part to the sinking of the concrete and in part to plant growth on the shoulders, the outside portions of the shoulders were about two inches higher than the concrete for a considerable distance near the…