Opinion
January 9, 1952.
Appeal from Supreme Court, Albany County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Plaintiff was proceeding south on Osborne Road, which joins on the north but does not cross Sand Creek Road. Defendants' truck was proceeding west on Sand Creek Road, and the two vehicles collided at the intersection, severely injuring the plaintiff. Plaintiff intended to make a left turn into Sand Creek Road. Before entering the intersection she either stopped or nearly stopped. Her view to her left was obstructed by a store and a bank of earth. Within her vision she could see nothing approaching. She then entered the intersection, and as she did she could see defendants' truck approaching approximately 100 feet away. Plaintiff testified that she then "stepped on the" gas in an effort to get clear of the path of the truck, and that defendants' truck turned to its left, and that the collision then occurred on the south side of Sand Creek Road. The sole contention of appellants is that plaintiff was guilty of contributory negligence as a matter of law, or that the jury's verdict in that regard is contrary to the weight of evidence. The record contains evidence which would permit a jury to find that the collision would not have occurred had the defendants' truck been slowed or had it proceeded straight ahead instead of crossing the highway to its left, and would permit a finding that under the circumstances present the plaintiff acted with reasonable care in doing what she did. Judgment and order unanimously affirmed, with costs.