Section 58. Liability of state for damages  


Latest version.
  • The state shall not be liable
      for damages suffered by any  person  from  defects  in  state  highways,
      except between the first day of May and the fifteenth day of November on
      such  highways  as  are maintained by the state under such system as the
      commissioner of transportation may adopt pursuant to section twelve, but
      the liability for such damages shall otherwise remain as now provided by
      law, notwithstanding the construction or improvement and maintenance  of
      such  highways  by  the  state  under  this  chapter; but nothing herein
      contained shall be construed to impose on the state  any  liability  for
      defects  in  bridges  over  which  the  state has no control. Within the
      limits of incorporated villages the state  shall  maintain  a  width  of
      pavement  equal  to the width of pavement constructed or improved at the
      expense of the state, if a state highway, the location  of  the  state's
      portion of such roadway within said incorporated limits to be determined
      by the center line of the roadway as shown on the plans on file with the
      department  of  transportation and the state shall be liable for damages
      to persons or property only when such damage shall occur as a result  of
      the  defective  condition  of  the  portion of improved highway as above
      described.