Miller v. State

The State highway running from Esperance to Duanesburg in Schenectady county, in this State, was in November, 1929, being reconstructed and repaired under a contract with J. H. McAllister. The construction was of concrete thirty feet wide consisting of three strips or panels each ten feet wide, except where the roadway narrowed to go under an underpass.

While under construction, pursuant to the terms of the contract, the road, which runs in an easterly and westerly direction, was kept open for traffic. Esperance was on the westerly end and near Duanesburg was a railroad underpass where the…