Opinion
December 29, 1942.
Present — Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ.
Appeal by each of the defendants from judgment and orders denying their motions for a new trial. The judgment resulted from an accident in which the plaintiff was injured at about 3:30 A.M. on October 19, 1941, at the intersection of Union and Lafayette streets in the city of Schenectady, New York. Union street runs generally east and west and Lafayette street generally north and south. Lafayette street is a one-way street. The plaintiff was a passenger in a car owned and driven by the defendant, D'Alesandro, which was proceeding in a northerly direction (wrong way) on Lafayette street. This car was in collision with the car owned and driven by the defendant, Antalek, which was proceeding in a westerly direction on Union street. The streets at the point where the accident happened were straight and level and lighted and there was no moving traffic on either street at the time of the accident. Union street is thirty-six feet wide and Lafayette street thirty feet wide. The lights on both cars were lighted and no signal was given by either car. There was evidence in the case that D'Alesandro did not know that the traffic on Lafayette street was limited to south bound traffic. Antalek did know it. The weather was fair and the visibility was good. No complaint was made to D'Alesandro by any of the occupants in the car about the use of Lafayette street in the wrong direction. Some of the witnesses testified that Antalek was operating his car from fifty to sixty miles an hour, going very fast on the wrong side of the road and that after D'Alesandro's car had entered the intersection that Antalek's car was fifty to sixty feet away and that he had time to alter the course of his car or stop or in some way avoid the accident. There was a question for the jury. The charge was fair. Judgment and orders unanimously affirmed, with costs.