Opinion
May 13, 1942.
Appeal from Supreme Court.
Present — Hill, P.J., Crapser, Heffernan, Schenck and Foster, JJ.
The action is brought to recover damages for personal injuries and also for damages to property. In the notice of claim made a part of the complaint it is alleged that on March 7, 1939, while plaintiff was operating his automobile on a public highway in the defendant town, and while rounding a curve, the "car struck a cut or ditch that ran directly across the said highway." The highway in question is a country road and is about three miles in length. The notice sufficiently states the place where the accident occurred. In addition to that, defendant's commissioner of highways had actual notice of the happening of the accident. Order unanimously affirmed, with twenty-five dollars costs and disbursements.