Baker v. Department of Highways

JONES, JUDGE:

On January 27, 1975, at about 10:45 p.m. the claimant, Robert Douglas Baker, was driving his automobile in a westerly direction on Route 33 and 119, about eleven miles west of Weston in Lewis County. The claimant testified that it was slightly foggy and that he was proceeding cautiously at a speed of approximately 35 miles per hour towards his home at Alum Bridge. He further testified that as he came out of an “S” curve he suddenly ran into a 12-inch deep hole extending about halfway across the road, that there was no way to miss the hole in his lane of traffic, and that there…