Smith v. State

Claimant as administrator of the estate of his deceased wife seeks to recover against the State of New York damages for injuries resulting in her death when she was struck by a Brockway three-ton truck owned by the State and operated by a State employee of the Department of Public Works, Division of Public Highways. The accident occurred between eight-thirty and nine o’clock on the morning of August 19, 1931, in front of the claimant’s residence on the highway leading from Jamestown to Mayville.

No allegation is made of any defect in the highway nor of any defect in the truck. The claim is…