Opinion
November 14, 1951.
Appeal from Court of Claims.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Appellants argue that the decision of the court in favor of the State is against the weight of the evidence, and on such a review we are bound to regard the record in an aspect most favorable to the respondent. On November 13, 1947, the State's equipment consisting of a truck pulling a flat trailer on which was loaded a caterpillar power shovel was moving southerly on Route 4 near Fort Ann. The over-all length of the equipment was fifty-eight feet. The truck was nine feet wide; the trailer eight feet. The power shovel extended over the sides of the fiat trailer from two and one-half to three feet. Claimant's truck, proceeding in a northerly direction, and at a curve, collided with this equipment. There is proof from which it could be found that the State's equipment was being operated entirely on its right side of the center of the highway, and with its right wheels off the pavement. There is other proof that claimant's truck was traveling at "45 to 50 miles per hour" and had not slowed up at the time of the collision. A strong argument can be made in support of liability against the State, but we see nothing so improbable in the proof adduced in defense of the claim that we would be required to say that the decision is against the weight of the evidence. We are of the opinion that the evidence fairly supports the decision. Judgment unanimously affirmed, with costs.