9 A.D.2d 899 | N.Y. App. Div. | 1959
In an action to recover damages for personal injuries, and for medical expenses and loss of services, arising out of a collision between two motor vehicles, the appeal is from a judgment, entered after trial by a jury, dismissing both causes of action. Judgment reversed, and a new trial granted, with costs to appellants to abide the event. The findings of fact have not been considered. Appellant Lena B. Smith, hereinafter referred to as appellant, was driving a motor vehicle owned by appellant Harry Smith, her husband, on Mechaniestown Crystal Run Road, where it is intersected by the Route 17 by-pass in Middle-town, New York. The by-pass had not been officially opened to traffic at that time but was opened two weeks later. The by-pass has two lanes running north and two lanes running south. Each lane is 12 feet wide. A grass mall 45 feet wide separates the northbound from the southbound lanes. Appellant was traveling in an easterly direction. She crossed the two southbound lanes, the grass mall and, seeing no traffic, crossed the two northbound lanes. When she was leaving the last northbound lane, her vehicle, with its front part off the concrete and its rear wheels still on the concrete, was struck by respondent’s