The State has moved to dismiss this claim on the ground that it fails to state facts sufficient to constitute a cause of action. The claim alleges that while the claimant was driving along State Highway Route No. 2 in the vicinity of Grafton, New York, at about 5:30 P.M., on November 25, 1949, a spike-horned deer suddenly dove out of the underbrush and woods along the south side of the highway...
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