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NICHOLS v. STATE OF NEW YORK

198 Misc. 791 (1950)

Alice Nichols, Claimant, v. State of New York, Defendant. (Claim No. 29898.) Milford E. Nichols, Claimant, v. State of New York, Defendant. (Claim No. 29899.) Lulu S. Miller, Claimant, v. State of New York, Defendant. (Claim No. 29944.)

Court of Claims.

November 8, 1950.

Attorney(s) appearing for the Case

Alton J. Wightman for claimants.

Nathaniel L. Goldstein, Attorney-General (Edward R. Murphy and Edward L. Bookstein of counsel), for defendant.

LOUNSBERRY, P. J., concurs.

RYAN, J.

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...

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