Marshall v. State

On or about May 16, 1964, a warm and sunny afternoon, while the claimant, in company with three companions, was walking along the gorge trail in Stony Brook State Park, he was struck on the head by an unidentified object (which reasonably may be assumed was a falling rock), lost consciousness and recalls no other details of the happening.

*233Allegedly, his injuries were severe, but no proof was offered at the trial as to the nature and extent since, by stipulation of counsel and with approval of the court, only the issue of liability was litigated

It is undisputed that Stony Brook Park consists of…