Nye v. State

On the afternoon of September 22, 1947, employees of the New York State Department of Public Works were engaged in grading the south shoulder of a portion of the Cortland-Truxton highway, known as New York Route No. 13, about a mile and a half east of Cortland. In this area said highway runs generally east and west, contains no sharp curves, and is substantially level. Sight distance is adequate. The pavement is twenty feet in width consisting of two concrete lanes.

The procedure involved cutting down the level of the south shoulder by use of a grader and pushing the excess sod, dirt and…