Swartz v. State

—Claimant appeals from a judgment of the Court of Claims which dismissed his claim for personal injuries sustained in a highway accident. Claimant and four companions had started from Syracuse, N. Y., at about 11:00 or 11:30 p.m., on September 1, 1951, on a trip to Canada. At about 6:00 a.m., on September 2 the party had reached a point on State highway Route 11 in the hamlet of Brasher Falls, St. Lawrence County, when the accident occurred. Claimant had driven the car, owned by one of the occupants, the entire distance of approximately 178 miles and was driving at the tiirie of the accident.…