Karl v. State of New York

The Elmira-Rochester State highway is a heavily traveled road. It is in charge of the State Superintendent of Public Works (Highway Law [Cons. Laws, ch. 25], § 12). On November 20, 1935, an automobile accident occurred near Conesus, which was caused by a so-called “ fat spot ” on the surface of the tarred road, without negligence on the part of the claimants. A “ fat spot ” was described by a witness as a spot where there is an excessive amount of bituminous material on the surface of the pavement. The spot was about thirty feet long and fifteen feet wide. It was very smooth and became very…