New York Court of Claims September 1, 1948, Claim No. 28243 (Lyons v. State)

Lambíase, J.

The claim herein alleges that: “On or about May 24, 1946, decedent, while walking on Route 5 in the Town of New Hartford, New York, stepped, slipped or stumbled into *984a culvert which passes under Route 5 and was killed.” (Claim, Par. seventh.