Opinion
June 22, 1938.
Appeal from Supreme Court, Albany County.
Present — Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ.
Plaintiff was driving an automobile truck and trailer easterly on the south side of the Albany-Schenectady State highway, a straight and level four-strip concrete pavement. He had parked his vehicle off the pavement on the south side. As he started up and pulled back on the pavement, defendant's truck, coming from the rear and following another truck which went on by in safety, ran into the rear of plaintiff's vehicle. Plaintiff testified that his truck and trailer were fully lighted. Appellants contended that plaintiff's truck was not moving and was parked on the pavement without lights. The case presents only a question of fact which was resolved by the jury in plaintiff's favor. Judgment unanimously affirmed, with costs.