223 A.D. 543 | N.Y. App. Div. | 1928
The claim is based upon alleged negligence. Intestate was injured on November 6, 1921, in a collision between a Franklin touring car, in which she was riding with her husband, who owned and was driving it, and a Studebaker touring car, owned and driven by one Edward Akers. She died nine days later as the result. The collision occurred on the Albany Post Road, maintained under the patrol system, on a hill with a six per cent grade, between Knapp’s Corners and Wappingers Falls, about six miles below Poughkeepsie. She and her husband were going southerly and had reached the foot of the hill, when Akers, going northerly, was at the top, ready to drive down. Seeing four or five cars going down ahead of him, Akers started and pulled to his left to pass and his car began to sldd. Intestate’s husband, seeing this, pulled his car as far as possible to his right to get out of the way and stopped near a large signboard off from the macadam, but the Akers car continued to skid and, when opposite the signboard, turned completely around and crashed into the car occupied by intestate, with considerable force, driving it against the signboard, with the result stated. The couct found and decided that the skidding of the Akers car and the results which followed were
The judgment should be affirmed.
Van Kirk, P. J., Hiñman, Davis and Hasbrouck, JJ., concur.
Judgment affirmed, with costs.