Fogarty v. State

This is a claim for personal injuries and property damage sustained by the claimant as the result of an accident on New York State Highway Route 174. The portion of said route where the accident took place is also known as North Street in the village of Marcellus, New York.

The evidence in this claim was heard on October 1, 1953, at the Syracuse term of this court, and at the close of the case, the State moved for a dismissal of the claim on several grounds, particularly for the reason that the accident was caused by an alleged defect in the shoulder adjoining a State highway within the…