Opinion
July 7, 1948.
Appeal from Supreme Court, Schenectady County.
Present — Hill, P.J., Heffernan, Brewster, Foster and Russell, JJ.
The accident out of which the actions arose was an automobile collision which occurred on a highway known as the Sacandaga Road at about 2:30 in the afternoon of January 29, 1945. Plaintiffs claimed that they were proceeding with due care and that the accident happened because the defendant's car did not keep to its own side of the road. Defendant claimed on appeal that due to weather conditions the accident was an unavoidable one. On the motion for a new trial on the ground of newly discovered evidence it appeared that the affiants supporting the motion did not see the collision and could testify only as to weather conditions and the position of the cars after the accident. Judgments and orders unanimously affirmed, with one bill of costs and disbursements on appeal.