Wager v. State

On October 18, 1936, at about seven-thirty p. m., the claimant Lena Wager was walking with her husband, claimant James E. Wager, from her home in the town of Grafton Center, Rensselaer county, to a church a quarter of a mile distant. Although it was dark at the time, the weather was clear and the road dry. Claimants were walking in an easterly direction on the south side of the highway. The highway is of two-strip concrete construction, with dirt shoulders on either side, and is maintained by the State under the patrol system. At or near the location of the accident there were no sidewalks…