Easterbrook v. State

Morschauser, J. (dissenting).

The claimant alleges in his claim that he was injured on January 16, 1921, by reason of certain defects existing in a highway known as the Horseheads-Cayuga state highway, being state highway No. 5432-A, and being a part of route 39-A of the state highways of the state of New York, *401which highway runs generally in a northeasterly direction from Horseheads, N. Y., to Ithaca, N. Y., by way of Sullivanville and the village of Newfield. This highway was under the patrol system at the time.

The claimant was driving an automobile over this road without chains on the…