Plaintiff was a passenger in a pick-up truck being driven by one Scriver in a northerly direction on Route 9 when the truck collided with a car owned and operated by defendant which was proceeding in the opposite direction. The accident happened about five miles south of Elizabethtown, New York, on a gradual curve and a substantially level road. As the defendant proceeded south just prior to the accident he came upon a place where water overflowed the road to a depth of approximately...
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