Nichols v. State

The State of New York had constructive notice of the obstruction to the ditch which caused water to flow across the highway. Failure to correct the condition was actionable negligence although the accidents occurred outside the highway maintenance period. (Shaknis v. State of New York, 251 App. Div. 767 [1937], affd. sub nom. Doulin v. State of New York, 277 N. Y. 558; Rogers v. State of New York, No. 24081, affd. 254 App. Div. 927; Rathbun v. State of New York, No. 24082 [1937], affd. 254 App. Div. 928.)

However, these cases turn on the issue of contributory negligence, or freedom from it, of…