Opinion
March 9, 1949.
Appeal from Supreme Court, Rensselaer County.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ.
Plaintiff Mary F. McKinney was a passenger in an automobile being driven easterly on a straight twenty foot concrete highway. Defendant was driving his automobile westerly on the same highway. The eastbound vehicle made a left turn across the path of the defendant's car opposite a gas station. The cars collided on or just off the edge of the north strip. The point of collision was on a rise of ground from which the road proceeded downgrade in both directions. There was evidence that the driver of the eastbound car put out her hand before turning. The testimony is conflicting as to the distance between the cars at that time. There was testimony that the defendant was driving at an excessive rate of speed, and that he was not paying sufficiently close attention to the road ahead. The evidence was sufficient to support the verdicts of the jury. Judgments and orders unanimously affirmed, with costs in one action.