Opinion
May 7, 1952.
Appeal from Supreme Court, Otsego County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
The action is in negligence and involved a collision between plaintiffs' automobile and a truck owned by the defendant Farmers Syndicate, Inc., and driven by the defendant Hurlbutt. There was substantial evidence from which the jury could find that at the time of the collision the automobile of the plaintiffs was entirely on its own side of the road and on the extreme edge thereof, and had come nearly to a standstill. There is also evidence to sustain a finding that the driver of the truck did not have his vehicle under control sufficient to bring the vehicle to a stop without injury to another or his property, as required by subdivision 1 of section 56 Veh. Traf. of the Vehicle and Traffic Law, and that he attempted to negotiate the curve at too high a speed on an icy road, causing the truck to skid to its wrong side of the road and colliding with plaintiffs' car. Under these circumstances it was proper to submit the cases to the jury as a question of fact, and the jury could well have found under the evidence that the negligence of the driver of the truck is what caused it to skid. It is not a case of skidding alone, as in Lahr v. Tirrill ( 274 N.Y. 112). We do not consider the verdicts as excessive. Judgment and order unanimously affirmed, with costs.