Opinion
March 17, 1952.
Present — Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ.
In an action to recover damages suffered by two passengers in an automobile driven by defendant De Revere, which collided with an automobile, driven by defendant Louis Tarantelli, at the intersection of Croton and Brookville Avenues, in the village of Ossining, County of Westchester, the jury returned a verdict against defendant De Revere on the theory of negligent operation of his automobile, and against defendant village on the theory that it had failed properly to maintain a "stop" sign at the said intersection. Judgment as to plaintiff John Murphy unanimously affirmed, with costs. Judgment in favor of plaintiff Mae Murphy reversed on the facts and a new trial granted, without costs, unless within ten days from the entry of the order hereon, she stipulate to reduce the verdict in her favor to $1,000, in which event the judgment in her favor, as so reduced, is unanimously affirmed, without costs. When the village ordained Croton Avenue as a main artery of travel pursuant to the authority contained in subdivision 2 of section 90 Veh. Traf. of the Vehicle and Traffic Law, the statute imposed on it the duty to erect and maintain a "stop" sign on Brookville Avenue near the intersection, and a failure properly to maintain the sign gives rise to a tort liability. It was a question of fact for the jury to determine whether the failure properly to maintain the sign was one of the proximate causes of the accident. ( Nuss v. State of New York, 301 N.Y. 768; Foley v. State of New York, 294 N.Y. 275.) The verdict in favor of plaintiff Mae Murphy is excessive.