Fox v. State

On December 9,1957, at about 1 o’clock in the afternoon, the claimant’s intestate was operating his automobile in an easterly direction on New York State Highway 804, also locally known as Eiver Road East, in the vicinity of the Village of Little Falls, Herkimer County. The surface of the highway was slippery due to hard-packed snow, but there is no evidence of any other abnormal driving conditions which would affect or impair the operator’s visibility. The highway at this point was approximately 20 feet wide with 5- to 8-foot shoulders on each side.

In the area involved in this litigation,…