Opinion
November 16, 1949.
Appeal from Supreme Court.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ.
The action is in negligence. On September 1, 1948, plaintiff was employed by a construction company. This company was building a road in Clinton County. The road extends in an easterly and westerly direction. The north side of the highway was closed to traffic. Plaintiff contends that while he was in the performance of his duties on the northerly side of this road a Dodge automobile truck owned by defendants Carpenter and Adams and operated by the codefendant Nichols struck him and caused the injuries for which the action was brought. Only questions of fact are involved. Judgment and order unanimously affirmed, with costs.