Opinion
May 4, 1949.
Appeal from Supreme Court, Clinton County.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ.
Plaintiff's car, proceeding westerly around a gradual curve to the north, collided with defendant's truck, which was standing at a diagonal position facing the east on the north and defendant's left side of the road, where defendant had stopped and backed into position to pull another truck out of the ditch on the same side of the road. Trees and heavy brush along the north side of the road obstructed the plaintiff's view. The road was generally covered with ice and snow and was slippery. There was evidence that one or more persons were standing on the south portion of the road opposite defendant's truck. Defendant did nothing to warn cars approaching around the curve from the east that his truck was blocking the north half of the highway. Plaintiff claims he had no opportunity to pass to the left or south of defendant's truck without injuring persons standing in the road. Under all the circumstances there was a question of fact as to whether the defendant was guilty of negligence in creating the situation which existed and whether the plaintiff was free from contributory negligence. The evidence was sufficient to support the verdict of the jury. Judgment and order unanimously affirmed, with costs.