29 A.D.2d 1033 | N.Y. App. Div. | 1968
Appeal from a judgment of the Supreme Court entered January 24, 1967 in Washington County upon a verdict rendered at a Trial Term in favor of plaintiff. On February 1, 1965 at about 4:40 p.m. the plaintiff was operating his automobile in a westerly direction on Dix Avenue in the City of Glens Falls at a speed of approximtely 20 miles per hour. As he stopped or was about to stop for the flashing red light at the intersection of Haskel and Dix Avenues, his automobile was struck in the rear by a truck owned by the defendant, Rational Biscuit Company, and operated by the defendant, Bruce J. Davidson. At the time of the accident it was daylight, snow was falling, and there was some accumulation of snow upon the road. Both drivers were familiar with the road and knew that the intersection was controlled by a flashing red light. The defendant testified that the light was visible from a point about one-half mile east of the intersection; that he was following the plaintiff’s automobile at a speed of about 20 miles per hour, and at a distance of three car lengths or about 40 feet; that, as they approached the light, the plaintiff braked his automobile which then began to fishtail; that he then applied his brakes whereupon his truck commenced to slide. The defendant further testified that he attempted to avoid a collision by heading for the snowbank on the right, but a pedestrian was there and, as he straightened out his vehicle, the plaintiff’s automobile straightened out and he hit the rear of it. The plaintiff testified that as he came to the blinker light, he stopped and was looking up at the blinker for a second prior to the accident. The defendants contend that the defendant Davidson, by reason of the fishtailing action of the plaintiff’s vehicle, was confronted with an emergency not of his own making, and it was, therefore.