Opinion
November 18, 1942.
Appeal from Supreme Court, Saratoga County.
The plaintiff has recovered for injuries sustained on July 13, 1941, in an accident involving his motor car and the bus of the defendant Gray Line Motor Tours, Inc., and the automobile of the defendant Schaffer. The accident occurred in the daytime on a straight and level three strip concrete highway near the village of Round Lake. The plaintiff was proceeding southerly on the westerly strip with the bus following him. The defendant Schaffer was travelling northerly in a line of traffic. The bus attempted to pass the plaintiff and at the same time the defendant Schaffer sought to pass a car ahead of him. A collision occurred between the bus and Schaffer's car, and the bus also struck plaintiff's car. The jury found that each defendant was negligent and the proof sustained this finding. Judgment and order affirmed with one bill of costs and disbursements. Hill, P.J., Crapser, and Bliss, JJ., concur; Heffernan and Foster, JJ., concur as to the affirmance of the judgment as to defendant Gray Line Motor Tours, Inc., but dissent and vote to reverse the judgment and order in so far as it affects the defendant Schaffer, and dismisses the complaint as to him, without costs.