Opinion
March 20, 1952.
Appeal from Court of Claims.
Claimant, Lyra C. Brown, was driving an automobile over a portion of a State highway which had not been fully completed and on which the shoulder adjoining the concrete pavement on her right was soft and uneven, and in places dropped several inches below the level of the concrete. The claimant driver contends that another car proceeding in the same direction drove so close to her in passing and so cut her off, that she was forced from the concrete pavement on to the shoulder, and that the unevenness of the shoulder threw the car out of control and she was severely injured. The claims have been dismissed after a trial. We regard the decisions as being against the weight of the evidence on the record before us, on the State's negligence in the maintenance of the road at the place of accident; and we regard the issue of claimant driver's own negligence as sufficiently close to warrant in the interest of justice a fresh examination into such claimant's responsibility in the causation of the accident. We add that the Court of Claims should feel free in thus re-examining the issue to reach the factual conclusion it regards as warranted. Judgments reversed, on the law and the facts, and a new trial ordered, with costs to abide the event. Foster, P.J., Heffernan, Brewster, Bergan and Coon JJ., concur.