Opinion
May, 1936.
Appeal from Tompkins County.
Present — Hill, P.J., McNamee, Crapser, Bliss and Heffernan, JJ.
There was evidence from which the jury could have found that Medford S. Allison lived on the north side of a State road running east and west, and that his barn and milk house were on the south side; that he and his eleven-year-old son, and a companion, were about to cross the road from the south to the north, in daylight; that the boy was intelligent and bright; that it had been raining, and the pavement was wet; that the road was straight to the east for 800 feet, and to the west for 700 feet; that the plaintiff saw the defendant coming when he was 300 or 400 feet away, and that he and the two boys stood at the side of the road; that the concrete pavement was eighteen feet wide; that the defendant did not sound a horn nor change his course, and that all involved understood the situation; that the father attempted to seize the boy as the boy dashed across the road when the car was only a few feet away; that the defendant applied his brakes, and attempted to avoid the boy, and stopped when he had gone less than forty feet; that the defendant's speed was about thirty-five miles an hour; and that after the accident the defendant asked the plaintiff, "You don't think this was my fault, do you?" and that the plaintiff answered, "No, the boy jumped right in front of you." The evidence presented a clear question of fact for determination by the jury. Judgment and order unanimously affirmed, with costs.