Opinion
December 29, 1949.
Appeal from Supreme Court, Ulster County.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ.
There was evidence to sustain a finding that the appealing defendant's negligent operation of his automobile caused it to skid and gyrate upon an icy highway and that such negligence was a proximate cause of the collision between the two other motor vehicles wherein decedent sustained fatal injury while in the exercise of due care. Under the evidence we may not say the verdict was for excessive damages. Judgment and order unanimously affirmed, with costs.