Opinion
December 29, 1942.
Appeal from Supreme Court of Montgomery County.
Present — Hill, P.J., Crapser, Heffernan, Schenck and Foster, JJ.
This is a negligence action and grows out of an accident which occurred on the highway leading from Amsterdam to Schenectady. Plaintiff contends that while riding a bicycle he noticed defendants' car approaching and pulled into a "turnout" on the north side of the road and some distance from the paved portion thereof. He testified further that defendants' car left the paved portion of the road and proceeded into the "turnout" and struck the rear of his bicycle, causing the injuries for which this action is brought. While defendants' theory as to the occurrence is in direct conflict with that of plaintiff, a question of fact was presented and the finding of the jury is amply supported by the evidence. The judgment should be affirmed. Judgment unanimously affirmed, with costs.